Local Democracy Matters Inc v Minister for Local Government [2018] NSWLEC 9

Local Democracy Matters Inc v Minister for Local Government [2018] NSWLEC 9

Because the council amalgamation proposal was abandoned by Premier's announcement, the proceedings were rendered futile and there was no winner; given both parties acted reasonably and neither party's conduct was found unreasonable, the appropriate course is to dismiss the proceedings with no order as to costs, adopting the approach in Ex parte Lai Qin.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Judicial Review / Final Determination—orders Made
Outcome
Proceedings dismissed; no order as to costs.
Legal Topics
['council Amalgamation' 'costs—supervening Event' 'extension of Time—judicial Review']
['administrative Law' 'local Government Law'] ['council Amalgamation' 'costs—supervening Event' 'extension of Time—judicial Review']

Case Brief

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Procedural Posture

Judicial Review / Final Determination—orders Made

Legal Issues

  1. 1 ['Whether an extension of time should be granted under UCPR r 59.10(2) for commencement of judicial review proceedings' 'Appropriate costs order when proceedings rendered futile by supervening event']

Ratio Decidendi

Because the council amalgamation proposal was abandoned by Premier's announcement, the proceedings were rendered futile and there was no winner; given both parties acted reasonably and neither party's conduct was found unreasonable, the appropriate course is to dismiss the proceedings with no order as to costs, adopting the approach in Ex parte Lai Qin.

Court Disposition

Proceedings dismissed; no order as to costs.

Orders

  • ['The proceedings are dismissed.' 'There is no order as to costs.']