Woollahra Municipal Council v Minister for Local Government [2016] NSWCA 380

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woollahra Municipal Council v Minister for Local Government [2016] NSWCA 380 Hearing dates: 22 August 2016 Decision date: 22 December 2016 Before: Bathurst CJ at [1]; Beazley P at [2]; Ward JA at [210] Decision: Appeal dismissed with costs. Catchwords: STATUTORY CONSTRUCTION – Local Government Act 1993 (NSW), s 218E – proposals to alter the boundaries of or amalgamate local government areas – meaning of "proposal" – whether proposal document which contained information and discussion or proposal to amalgamate constituted "proposal"

STATUTORY CONSTRUCTION – referral of proposal by Minister to Departmental Chief Executive for examination and report pursuant to Local Government Act 1993 (NSW), s 218F – ss 218F(2) and 263(2A) require that inquiry be held for the purpose of function of examination and report in relation to a proposal for the amalgamation of two or more areas –delegate of Department Chief Executive conducted consultations with public but did not actively ask questions – delegate met with accounting firm conducting analysis and modelling privately – whether statutory requirement of "inquiry" met – meaning of "inquiry" – role of "inquiry" in exercise of functions of examination and report by Delegate of Department Chief Executive

ADMINISTRATIVE LAW – examination and report on proposal for local government amalgamation by delegate of Departmental Chief Executive pursuant to Local Government Act 1993 (NSW), s 218F – mandatory relevant considerations pursuant to ss 218F(2) and 263(3)(a)-(f) – whether delegate required to have regard to financial advantages or disadvantages of proposal for residents and ratepayers of individual local government areas concerned – whether delegate conducted examination into financial advantages or disadvantages