NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Blue Mountains Council v Minister for Local Government (No 2) [2018] NSWSC 193 Hearing dates: 23 February 2018 Date of orders: 23 February 2018 Decision date: 23 February 2018 Jurisdiction: Common Law Before: Schmidt J Decision: The proceedings be transferred from this Court to the Land and Environment Court.
The parties should now approach the Land and Environment Court to obtain an urgent hearing in that court. Catchwords: PROCEDURE – application to have the matter transferred to the Land and Environment Court – granted
INJUNCTION – whether injunction should be dissolved – dissolution refused
LOCAL GOVERNMENT – power of Minister to suspend council – proper construction of ss 438I and 438K of Local Government Act Legislation Cited: Land and Environment Court Act 1979 (NSW) Local Government Act 1993 (NSW) Local Government General Regulation 2005 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Blue Mountains Council v Minister for Local Government [2018] NSWSC 183 Category: Procedural and other rulings Parties: Blue Mountains City Council (Plaintiff) Minister for Local Government (Defendant) Representation: Counsel: P Singleton (Plaintiff) Mr J Emmett (Defendant)
Solicitors: McPhee Kelshaw (Plaintiff) Crown Solicitor's Office File Number(s): 2018/60355 Publication restriction: Nil
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