Hunter’s Hill Council v Minister for Local Government; Lane Cove Council v Minister for Local Government; Mosman Municipal Counil v Minister for Local Government; North Sydney Council v Minister for Local Government; Strathfield Municipal Council v Minister for Local Government [2017] NSWCA 188

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hunter's Hill Council v Minister for Local Government; Lane Cove Council v Minister for Local Government; Mosman Municipal Counil v Minister for Local Government; North Sydney Council v Minister for Local Government; Strathfield Municipal Council v Minister for Local Government [2017] NSWCA 188 Hearing dates: 3-6 April 2017 Decision date: 31 July 2017 Before: Basten JA at [1]; Macfarlan JA at [395]; Sackville AJA at [442] Decision: A. In the appeal brought by Hunter's Hill Council:

(1) Grant the appellant leave to file and rely upon the amended notice of appeal in fact filed on 19 April 2017.

(2) Allow the appeal and set aside the orders made in the Land and Environment Court on 20 September 2016 in matter No 158774 of 2016.

(3) In place of those orders,

(a) declare that the proposal made by the Minister for Local Government under s 218E(1) of the Local Government Act 1993 for the amalgamation of Hunter's Hill, Lane Cove and Ryde local government areas is invalid because it did not propose the creation of a new area being a single area of contiguous land, in accordance with s 204(3) of the Act; (b) set aside the report of the delegate furnished to the Boundaries Commission in March 2016; (c) set aside the comments of the Boundaries Commission sent to the Minister on 29 April 2016; (d) order that the Minister pay the Council's costs of the hearing before the Land and Environment Court.

(4) Order that the respondent Minister pay the appellant's costs in this Court.