Shellharbour City Council v Minister for Local Government (No 2) [2016] NSWLEC 119

Shellharbour City Council v Minister for Local Government (No 2) [2016] NSWLEC 119

The process undertaken for the proposed amalgamation—including the giving of public notice, conduct of inquiry by the Delegate, reporting under section 263(3), and the review and comments by the Boundaries Commission—complied with statutory requirements. No procedural fairness was denied to the applicant council, and no jurisdictional error has been established. The proceedings are therefore to be dismissed.

Parties
Applicant: Shellharbour City Council; First Respondent: Minister for Local Government; Second Respondent: NSW Department of Premier and Cabinet; Third Respondent: Mr Mike Allen (Delegate of Acting Director-General, Office of Local Government); Fourth Respondent: NSW Local Government Boundaries Commission
Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Judicial Review / Final Decision
Outcome
Proceedings dismissed
Legal Topics
Amalgamation of Local Government Areas, Procedural Fairness, Review of Statutory Process, Role of Boundaries Commission
Administrative Law Local Government Law Amalgamation of Local Government Areas Procedural Fairness Review of Statutory Process Role of Boundaries Commission

Case Brief

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Parties

Shellharbour City Council

Applicant

Minister for Local Government

First Respondent

NSW Department of Premier and Cabinet

Second Respondent

Mr Mike Allen (Delegate of Acting Director-General, Office of Local Government)

Third Respondent

NSW Local Government Boundaries Commission

Fourth Respondent

Procedural Posture

Judicial Review / Final Decision

Legal Issues

  1. 1 Whether reasonable public notice was given of the holding of inquiry under s 263(2B) of the Local Government Act 1993
  2. 2 Whether the holding of the public inquiry was compliant with the Act
  3. 3 Whether the examination and report on the amalgamation proposal complied with the Act

Ratio Decidendi

The process undertaken for the proposed amalgamation—including the giving of public notice, conduct of inquiry by the Delegate, reporting under section 263(3), and the review and comments by the Boundaries Commission—complied with statutory requirements. No procedural fairness was denied to the applicant council, and no jurisdictional error has been established. The proceedings are therefore to be dismissed.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings are dismissed.
  • The Applicant is to pay the Respondents' costs as agreed or assessed.