Minister for Local Government v Blue Mountains City Council [2018] NSWCA 133

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Minister for Local Government v Blue Mountains City Council [2018] NSWCA 133 Hearing dates: 28 May 2018 Decision date: 20 June 2018 Before: Bathurst CJ at [1] McColl JA at [2] Leeming JA at [3] Decision: 1. Grant leave to appeal. 2. Direct the Minister to file a notice of appeal, in the form of the draft notice of appeal but adding under the heading "Orders Sought" the words "3. Set aside order 3 made on 22 February 2018" and otherwise dispensing with the requirements as to service. 3. Appeal allowed. 4. Set aside order 3 made on 22 February 2018. 5. Stay the operation of order 4 above for 7 days from today. Catchwords: COURTS - jurisdiction - Land and Environment Court - whether Class 4 of jurisdiction of Land and Environment Court exclusive to that Court - whether Supreme Court had jurisdiction to give injunctive relief for apprehended breach of Local Government Act 1993 (NSW)

EQUITY - injunctions - interim and interlocutory injunctions - appropriateness of ex parte application - form of order - onus upon moving party to renew interim order obtained ex parte

LOCAL GOVERNMENT - power to suspend Council - Local Government Act 1993 (NSW), ss 438I and 438K - power to suspend required Minister to reasonably believe that appointment of interim administrator necessary to restore proper or effective functioning of council - Minister notified Council of intention to appoint administrator and invited submissions - whether necessary, at time notifying of intention to appoint administrator, to hold belief that appointment was necessary to restore proper or effective functioning of council - whether factual error in Minister's notice gave rise to serious question to be tried that exercise of power would be vitiated Legislation Cited: Civil Procedure Act 2005 (NSW), s 149B Contaminated Land Management Act 1997 (NSW), Div 6, Div 6A Corporations Act 2001 (Cth), s 471B Environmental Planning and Assessment Act 1979 (NSW), ss 35, 123 Fisheries Management Act 1994 (NSW), s 282 Forestry Act 2012 (NSW), s 69S Heritage Act 1977 (NSW), s 153 Land and Environment Court Act 1979, ss 20, 58, 71 Local Government Act 1993 (NSW), ss 263, 438A, 438I, 438J, 438K, 438L, 438M, 486A, 673, 674 Local Government (General) Regulation 2005, r 413E National Parks and Wildlife Act 1974 (NSW), ss 91H, 193 Pipelines Act 1967 (NSW), s 60B Supreme Court Act 1970 (NSW), ss 23, 66, 68, 101 Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 (NSW), s 10 Cases Cited: 2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 (2014) 88 NSWLR 488; [2014] NSWCA 409 Blue Mountains Council v Minister for Local Government [2018] NSWSC 183 Blue Mountains Council v Minister for Local Government [2018] NSWSC 193 Cockle v Isaksen (1957) 99 CLR 155; [1957] HCA 85 Community Housing Limited v Clarence Valley Council (2015) 90 NSWLR 292; [2015] NSWCA 327 John Robertson & Co Ltd (in liq) v Ferguson Transformers Pty Ltd (1973) 129 CLR 65; [1973] HCA 21 King v Goussetis (1986) 5 NSWLR 89 LDF Enterprise Pty Ltd v State of New South Wales (2017) 95 NSWLR 70; [2017] NSWCA 89 Magrath v Goldsbrough, Mort and Company Ltd (1932) 47 CLR 121; [1932] HCA 10 Principal Registrar of the Supreme Court v Tastan (1994) 75 A Crim R 498 PT Garuda Indonesia Ltd v Australian Competition & Consumer Commission (2012) 247 CLR 240; [2012] HCA 33 Resort Hotels Management Pty Ltd v Resort Hotels of Australia Pty Ltd (1991) 22 NSWLR 730 Ross v Internet Wines Pty Ltd (2004) 60 NSWLR 436; [2004] NSWCA 195 State of NSW v Kable (2013) 252 CLR 118; [2013] HCA 26 Category: Principal judgment Parties: Minister for Local Government (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: Noel Hutley SC, Peter Strickland (Applicant) Peter Singleton (Respondent)