Hunter’s Hill Council v Minister for Local Government;; Lane Cove Council v Minister for Local Government;; Mosman Municipal Council v Minister for Local Government;; North Sydney Council v Minister for Local Government;; Strathfield Municipal Council v Minister for Local Government [2016] NSWLEC 124

Hunter’s Hill Council v Minister for Local Government;; Lane Cove Council v Minister for Local Government;; Mosman Municipal Council v Minister for Local Government;; North Sydney Council v Minister for Local Government;; Strathfield Municipal Council v Minister for Local Government [2016] NSWLEC 124

The public notice of the inquiries was reasonable and valid; the procedural conduct of the Delegates' public inquiries did not deny procedural fairness; and the statutory factors in s 263(3) were, in general, adequately considered. However, in relation to the Mosman, North Sydney and Strathfield amalgamation...

Source-derived case information.

Parties
Applicant: Hunter's Hill Council; Applicant: Lane Cove Council; Applicant: Mosman Municipal Council; Applicant: North Sydney Council; Applicant: Strathfield Municipal Council; First Respondent: Minister for Local Government; Second Respondent (in Relevant Matters): Dr Robert Lang; Third Respondent: Chief Executive, Office of Local Government; Fourth Respondent: Local Government Boundaries Commission; Fifth Respondent: Lane Cove Council (also Fifth Respondent in Hunter's Hill matter); Sixth Respondent (in Relevant Matters): City of Ryde Council; Third Respondent (mosman Matter): Michael Bullen; Fourth Respondent (mosman), Second Respondent (north Sydney): Ian Reynolds; Sixth Respondent (mosman), Fifth Respondent (north Sydney): Willoughby City Council; Fifth Respondent (strathfield): Burwood Council; Sixth Respondent (strathfield): City of Canada Bay Council
Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Judicial Review Applications (grouped, Class 4, NSW Land and Environment Court) / Principal Judgment Post Hearing, Orders Made
Outcome
Proceedings by Hunter's Hill and Lane Cove Councils dismissed. Bare declarations made in favour of Mosman, North Sydney, and Strathfield Councils that the relevant Delegates' reports are not valid reports under s 218F(6)(a) of the Local Government Act 1993 (NSW); those proposals must remain with the relevant...
Legal Topics
Judicial Review, Procedural Fairness, Statutory Construction, Council Amalgamations, Delegated Decision Making, Public Notice Requirements
Administrative Law Local Government Law Judicial Review Procedural Fairness Statutory Construction Council Amalgamations Delegated Decision Making Public Notice Requirements

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Parties

Hunter's Hill Council

Applicant

Lane Cove Council

Applicant

Mosman Municipal Council

Applicant

North Sydney Council

Applicant

Strathfield Municipal Council

Applicant

Minister for Local Government

First Respondent

Dr Robert Lang

Second Respondent (in Relevant Matters)

Chief Executive, Office of Local Government

Third Respondent

Local Government Boundaries Commission

Fourth Respondent

Lane Cove Council (also Fifth Respondent in Hunter's Hill matter)

Fifth Respondent

City of Ryde Council

Sixth Respondent (in Relevant Matters)

Michael Bullen

Third Respondent (mosman Matter)

Ian Reynolds

Fourth Respondent (mosman), Second Respondent (north Sydney)

Willoughby City Council

Sixth Respondent (mosman), Fifth Respondent (north Sydney)

Burwood Council

Fifth Respondent (strathfield)

City of Canada Bay Council

Sixth Respondent (strathfield)

Procedural Posture

Judicial Review Applications (grouped, Class 4, NSW Land and Environment Court) / Principal Judgment Post Hearing, Orders Made

Legal Issues

  1. 1 Adequacy of public notice for amalgamation inquiries under s 263(2B) of the Local Government Act 1993 (NSW)
  2. 2 Procedural fairness in conduct of public inquiry and opportunity to be heard
  3. 3 Whether Delegates' reports complied with mandatory considerations under s 263(3)

Ratio Decidendi

The public notice of the inquiries was reasonable and valid; the procedural conduct of the Delegates' public inquiries did not deny procedural fairness; and the statutory factors in s 263(3) were, in general, adequately considered. However, in relation to the Mosman, North Sydney and Strathfield amalgamation proposals, the respective Delegates failed to adequately consider certain mandatory matters—specifically, the need to ensure effective representation of each of the diverse communities (Mosman and North Sydney), and community of interest and diverse communities (Strathfield)—and therefore their reports were not valid statutory reports under the Act; the amalgamation proposals for...

Court Disposition

Proceedings by Hunter's Hill and Lane Cove Councils dismissed. Bare declarations made in favour of Mosman, North Sydney, and Strathfield Councils that the relevant Delegates' reports are not valid reports under s 218F(6)(a) of the Local Government Act 1993 (NSW); those proposals must remain with the relevant...

Orders

  • In Hunter's Hill and Lane Cove matters: proceedings dismissed; unless motion filed, applicants to pay respondents' costs as agreed or assessed.
  • In Mosman, North Sydney and Strathfield matters: declaration that the report furnished by the Delegate is not valid under s 218F(6)(a); unless motion filed, respondents to pay applicants' costs as agreed or assessed.