Minister for Local Government v Blue Mountains City Council

(2018) 97 NSWLR 1132; [2018] NSWCA 133

NSW Court of Appeal

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Interrogate

Catchwords

1. Local Government
2. › Power to suspend council
3. › Preconditions to exercise of power
4. › Notice of intention to suspend under s 438K
5. › Whether Minister required to hold reasonable belief under s 438I at time of issuing notice
6. › Local Government Act 1993 (NSW), ss 438I, 438K
1. Courts
2. › Jurisdiction
3. › Land and Environment Court
4. › Class 4 jurisdiction
5. › Whether exclusive to Land and Environment Court
6. › Whether Supreme Court had jurisdiction to grant injunctive relief for apprehended breach of Local Government Act 1993 (NSW)
7. › Land and Environment Court Act 1979 (NSW), ss 20, 71
1. Equity
2. › Injunctions
3. › Interlocutory injunctions
4. › Ex parte applications
5. › Appropriateness of ex parte application
6. › Form of order
7. › Onus upon moving party to renew interim order obtained ex parte
1. Equity
2. › Injunctions
3. › Interlocutory injunctions
4. › Serious question to be tried
5. › Whether factual error in Minister's notice gave rise to serious question that exercise of power would be vitiated

Quick Take

The Minister is not required to hold the reasonable belief specified in s 438I of the Local Government Act 1993 (NSW) at the time of issuing a s 438K notice of intention to suspend a council; that belief need only be held at the time the power to suspend is actually exercised under s 438I.