Ku-ring-gai Council v Garry West as delegate of the Acting Director-General, Office of Local Government

• 1. Administrative Law
  2. › Judicial review
  3. › Jurisdictional error
  4. › Misapprehension of statutory function
  5. › Delegate required to examine merger proposal
  6. › Whether delegate failed to consider mandatory element of proposal
  7. › Whether delegate required to assess impact of excision of part of local government area
  8. › Local Government Act 1993 (NSW), ss 218A, 218B, 263(1), 263(3)
• 1. Administrative Law
  2. › Judicial review
  3. › Mandatory relevant considerations
  4. › Constructive failure to exercise statutory function
  5. › Whether decision-maker required to form own judgment on financial advantages and disadvantages
  6. › Whether uncritical adoption of proponent's claims constitutes failure to examine
  7. › Proper, genuine and realistic consideration
  8. › Local Government Act 1993 (NSW), s 263(3)(a)
• 1. Administrative Law
  2. › Judicial review
  3. › Futility of relief
  4. › Whether relief should be refused on ground that same result would be reached
  5. › Whether it can be assumed Minister would refer unchanged proposal
• 1. Evidence
  2. › Public interest immunity
  3. › Documents prepared by consultants submitted to Cabinet
  4. › Balancing public interest in production against public interest in preserving confidentiality
  5. › Whether public interest in confidentiality outweighed by public interest in production
  6. › Evidence Act 1995 (NSW), s 130

Quick Take