Walcha Council and Ors v Minister for Local Government and Ors [2016] NSWLEC 57

Walcha Council and Ors v Minister for Local Government and Ors [2016] NSWLEC 57

Because the Proclamation was to be presumed valid and there was no evidentiary basis to displace that presumption, the former Gundagai Council became a former council when the Proclamation commenced, its relevant rights and pending proceedings were transferred to the new Gundagai Council, and responsibility for deciding whether the new council would continue the joinder motion lay with Ms Ferguson as Administrator. Her second affidavit established that the new council had formally resolved to terminate the instructions and not seek joinder. Since the public interest issues for the Gundagai community were preserved by adding Albert McAlister and David Graham, it was appropriate to...

Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Class 4 Proceedings; Notice of Motion for Joinder in Proceedings Challenging the Validity of the Local Government (council Amalgamations) Proclamation 2016 / Procedural Ruling on Joinder, Removal of Gundagai Council as Applicant on the Motion, Directions and Reserved Costs
Outcome
Albert McAlister and David Graham were added as applicants to the joinder motion and joined as applicants to Matter No 40360 of 2016; Gundagai Council was removed as an applicant to the joinder motion; procedural directions were made; costs of the joinder motion were reserved subject to notification, failing which...
Legal Topics
['council Amalgamations' 'validity of Proclamation' 'joinder' 'standing' 'presumption of Validity' 'administrator Powers' 'public Interest Litigation' 'costs']
['local Government' 'administrative Law' 'civil Procedure'] ['council Amalgamations' 'validity of Proclamation' 'joinder' 'standing' 'presumption of Validity' 'administrator Powers' 'public Interest Litigation' 'costs']

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Procedural Posture

Class 4 Proceedings; Notice of Motion for Joinder in Proceedings Challenging the Validity of the Local Government (council Amalgamations) Proclamation 2016 / Procedural Ruling on Joinder, Removal of Gundagai Council as Applicant on the Motion, Directions and Reserved Costs

Legal Issues

  1. 1 ['Whether Gundagai Council should remain an applicant on the motion seeking joinder after the Local Government (Council Amalgamations) Proclamation 2016 amalgamated the former Gundagai and Cootamundra councils into a new Gundagai Council.' 'Whether the question of removal of Gundagai Council should be determined immediately or deferred to the substantive hearing.' 'Whether Albert McAlister and David Graham should be added as applicants to preserve the public interest issues advanced on behalf of the Gundagai community.' 'Whether the Proclamation should be presumed valid for the purpose of deciding the procedural issues.' 'Whether the Administrator of the new Gundagai Council validly determined that Gundagai Council should not continue as an applicant on the joinder motion.']

Ratio Decidendi

Because the Proclamation was to be presumed valid and there was no evidentiary basis to displace that presumption, the former Gundagai Council became a former council when the Proclamation commenced, its relevant rights and pending proceedings were transferred to the new Gundagai Council, and responsibility for deciding whether the new council would continue the joinder motion lay with Ms Ferguson as Administrator. Her second affidavit established that the new council had formally resolved to terminate the instructions and not seek joinder. Since the public interest issues for the Gundagai community were preserved by adding Albert McAlister and David Graham, it was appropriate to...

Court Disposition

Albert McAlister and David Graham were added as applicants to the joinder motion and joined as applicants to Matter No 40360 of 2016; Gundagai Council was removed as an applicant to the joinder motion; procedural directions were made; costs of the joinder motion were reserved subject to notification, failing which...

Orders

  • ['Albert McAlister and David Graham are added as applicants to the motion seeking to be joined to Matter No 40360 of 2016.' 'Gundagai Council is removed as an applicant to the motion seeking to be joined to Matter No 40360 of 2016.' 'Albert McAlister and David Graham are joined as applicants to Matter No 40360 of...