Ku-ring-gai Council v Mr Garry West as delegate of the Acting Director-General, Office of Local Government [2016] NSWLEC 118

Ku-ring-gai Council v Mr Garry West as delegate of the Acting Director-General, Office of Local Government [2016] NSWLEC 118

The sole defect in the process was the Delegate's failure to consider the impact of the proposal on residents of the area south of the M2 Motorway to be excised from Hornsby Shire; however, as that area had already been legally excised and incorporated elsewhere by proclamation, no practical utility exists in granting declaratory or injunctive relief, and thus the proceedings are dismissed.

Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Judicial Review / Final Judgment and Orders
Outcome
Proceedings dismissed; costs reserved
Legal Topics
['council Amalgamation' 'procedural Fairness' 'statutory Interpretation' 'judicial Review' 'public Notice Requirements']
['administrative Law' 'local Government Law'] ['council Amalgamation' 'procedural Fairness' 'statutory Interpretation' 'judicial Review' 'public Notice Requirements']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether reasonable public notice was given of the inquiry as required by s 263(2B) of the Local Government Act 1993' 'Whether the Delegate misdirected himself on matters of rating equity under s 263(3)(a)' 'Whether the Delegate was required to consider the impact of amalgamation on all residents and ratepayers including those of an excised area' 'Whether denial of procedural fairness occurred by refusal to disclose information and full KPMG documents' 'Whether the Boundaries Commission fulfilled its statutory review role under s 218F(6)']

Ratio Decidendi

The sole defect in the process was the Delegate's failure to consider the impact of the proposal on residents of the area south of the M2 Motorway to be excised from Hornsby Shire; however, as that area had already been legally excised and incorporated elsewhere by proclamation, no practical utility exists in granting declaratory or injunctive relief, and thus the proceedings are dismissed.

Court Disposition

Proceedings dismissed; costs reserved

Orders

  • ['The proceedings are dismissed' 'Costs are reserved']