New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Local government


  1. 22/12/2016
    Local government: Local Government Act 1993 (NSW), s 218E; proposals to alter the boundaries of or amalgamate local government areas; meaning of “proposal”; whether proposal document which contained information and discussion or proposal to amalgamate constituted “proposal”; referral of proposal by Minister to Departmental Chief Executive for examination and report pursuant to Local Government Act 1993 (NSW), s 218F; ss 218F(2) and 263(2A) require that inquiry be held; whether statutory requirement of “inquiry” met; meaning of “inquiry”; role of “inquiry” in exercise of functions of examination and report by Delegate of Department Chief Executive

    Woollahra Municipal Council v Minister for Local Government  [2016] NSWCA 380
  2. 02/09/2016
    Local government: Council amalgamation; Minister’s proposed amalgamation referred to delegate of Chief Executive for examination and report, Local Government Act 1993 (NSW), s 218F(1); delegate’s report forwarded to Local Government Boundaries Commission for review and comment pursuant to s 218F(6); Commission’s review forwarded to Minister; whether delegate obliged to alert an affected council in advance that little weight to be given to a “Community Poll” conducted by the council; whether the Commission misconstrued its functions under the Local Government Act by failing to independently consider merits of Minister’s proposal as distinct from renewing the delegate’s report; whether Minister denied the affected council procedural fairness by allowing a limited time for further submissions before making recommendations to Governor

    Botany Bay City Council v The State of New South Wales  [2016] NSWCA 243
  3. 23/06/2016
    Local government: enforcement of orders; Local Government Act 1993 (NSW) s 124; Environmental Planning and Assessment Act 1979 (NSW) s 121B; whether orders invalid; whether orders served; whether denial of procedural fairness.

    Bobolas v Waverley Council  [2016] NSWCA 139
  4. 22/03/2016
    Local government: development consent; function of determining applications for development consent; whether local council as planning authority owed duty of care; nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44; special statutory power for the purposes of Civil Liability Act 2002 (NSW) s 43A; nature of test imposed by s 43A; whether local council liable for failing to impose conditions relating to traffic access to property.
    Bankstown City Council v Zraika; Roads and Maritime Services v Zraika  [2016] NSWCA 51
  5. 23/10/2015
    Local government: enforcement of order to remove waste; whether order invalid; whether order served; whether denial of procedural fairness; no error shown; Local Government Act 1993 (NSW) s 678
    Bobolas v Waverley Council (No 4)  [2015] NSWCA 337
  6. 19/10/2015
    Local government: rating; exemptions; whether landowner was a public charity; whether landowner used or occupied land for charitable purposes; Local Government Act 1993 (NSW), s 556(1)(h)
    Community Housing Limited v Clarence Valley Council  [2015] NSWCA 327
  7. 12/05/2015
    Local government: powers of councils; whether council has power to constrain unlawful use of land
    Rumble v Liverpool Plains Shire Council  [2015] NSWCA 125
  8. 11/05/2015
    Local government: power to fix fee for services; whether Council obliged to comply with Chapter 15 Part 10 of Local Government Act 1993 (NSW) when entering into contract for holding of motor racing events; whether general power to contract; Mount Panorama Motor Racing Act 1989 (NSW); Council obliged to comply with Local Government Act
    Adrenaline Pty Ltd v Bathurst Regional Council  [2015] NSWCA 123
  9. 15/08/2014
    Local government: elections; application to tribunal to dismiss councillor for irregularity in manner of election; councillor alleged not to have been a ‘resident’ at time of nomination; councillor had relocated to local government area shortly before nominating; order to dismiss councillor made by tribunal for failure to comply with residency requirements; whether tribunal misunderstood nature of inquiry; meaning of ‘place of living’; whether tribunal impermissibly relied upon subjective considerations when determining ‘place of living’; whether tribunal erred in determining ‘place of living’ by reference to other places of living; Local Government Act 1993 (NSW), ss 269, 329
    Duffy v Da Rin  [2014] NSWCA 270
  10. 14/04/2014
    Local government: appellant brought proceedings against respondent council in Resource Management and Planning Appeal Tribunal (Tribunal); sought summons requiring respondent to produce minutes of meeting; Local Government (Meeting Procedures) Regulations 2005 r 15(9), 34(3) rendered minutes confidential as meeting ‘closed’ to the public; whether regulations deprived Tribunal of power to issue summons; regulations intended to prevent members of public accessing certain information and were not intended to prevent courts and tribunals issuing summonses; Tribunal empowered to compel respondent to produce minutes; Tribunal could protect confidentiality of minutes in various ways pursuant to Resource Management and Planning Appeal Tribunal Act 1993; appeal allowed
    Kalis v Kingborough Council  [2014] TASFC 2