MINISTER FOR LOCAL GOVERNMENT & ANOR v SOUTH SYDNEY CITY COUNCIL (NO 3) [2002] NSWCA 327

MINISTER FOR LOCAL GOVERNMENT & ANOR v SOUTH SYDNEY CITY COUNCIL (NO 3) [2002] NSWCA 327

An injunction was granted because the consequences of allowing the Minister to act would render nugatory the applicant's right to seek special leave to appeal to the High Court, due to the operation of s738(1) of the Local Government Act 1993, despite the relatively weak prospects of special leave.

Jurisdiction
Australia
Judgment Date
20 September 2002
Procedural Posture
Application for Injunction Pending Special Leave to Appeal / Court of Appeal, Post Appeal, Pending High Court Special Leave
Outcome
Injunction granted against Minister; application costs addressed by conditional orders
Legal Topics
['injunction' 'procedural Fairness' 'validity of Boundaries Proclamation' 'stay of Proceedings']
['administrative Law' 'local Government Law' 'civil Procedure'] ['injunction' 'procedural Fairness' 'validity of Boundaries Proclamation' 'stay of Proceedings']

Case Brief

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Procedural Posture

Application for Injunction Pending Special Leave to Appeal / Court of Appeal, Post Appeal, Pending High Court Special Leave

Legal Issues

  1. 1 ['Whether an injunction should be granted to restrain the Minister pending special leave application to the High Court' 'Validity of Boundaries Commission report under Local Government Act 1993' 'Application and effect of privative clause s738(1) Local Government Act 1993' 'Duty to give procedural fairness to local government bodies']

Ratio Decidendi

An injunction was granted because the consequences of allowing the Minister to act would render nugatory the applicant's right to seek special leave to appeal to the High Court, due to the operation of s738(1) of the Local Government Act 1993, despite the relatively weak prospects of special leave.

Court Disposition

Injunction granted against Minister; application costs addressed by conditional orders

Orders

  • ["The Minister is restrained from making a recommendation to the Governor to alter boundaries until the determination of the Claimant's special leave application, and if special leave is granted, until the determination of that appeal." "Costs of the application are conditional: borne by the Opponent if special...