Botany Bay City Council v NSW and Minister for Local Government

[2016] NSWSC 583

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Judicial Review
2. › examination by a Delegate of the Chief Executive of the Office of Local Government of proposal for amalgamation of councils
3. › Local Government Act 1993 (NSW), ss 218F, 263
4. › whether procedural fairness required the Delegate to notify Council of adverse findings and give it the opportunity to make further submissions
1. Judicial Review
2. › review and comment by the Boundaries Commission on report of the Delegate
3. › Local Government Act 1993 (NSW), s 218F
4. › whether Boundaries Commission misapprehended its functions and powers
5. › whether Boundaries Commission failed to provide procedural fairness to Council
1. Judicial Review
2. › consideration by the Minister of proposals for amalgamation of councils
3. › Local Government Act 1993 (NSW), s 218F
4. › whether Minister denied procedural fairness to Council by failing to take its proposal into account
5. › whether Minister failed to take into account a mandatory relevant consideration
1. Local Government
2. › proposal for amalgamation of councils
3. › Local Government Act 1993 (NSW), Division 2B
4. › where multiple proposals lodged with respect to Council area
5. › proper construction of statutory scheme for amalgamation of councils