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

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Ku-ring-gai Council v Mr Garry West as delegate of the Acting Director-General, Office of Local Government [2016] NSWLEC 118 Hearing dates:2 and 7 June 2016; written submissions 24 June 2016Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction:Class 4Before: Moore J Decision: See orders at [185] Catchwords: JUDICIAL REVIEW – proposal for amalgamation of local government areas – Minister’s referral of proposal to Departmental Chief Executive for examination and report– inquiry required to be held – Chief Executive appoints Delegate to conduct inquiry – whether reasonable public notice given of the holding of inquiry – whether difference between state-wide published notice and locally published notice was a material defect in the requirement for reasonable public notice – whether identification of location of public inquiry sessions adequate – whether inquiry held in accordance with Act – whether examination and report on proposal in accordance with Act – whether the Delegate misdirected himself on matters of rating equity – whether the Delegate misdirected himself on the need to consider the impact of all residents and ratepayers (including on those of an area proposed to be excised) – whether an affected council denied procedural fairness by Delegate – review and comment on Delegate’s report by Boundaries Commission – whether review conducted in accordance with Act – whether affected council denied procedural fairness by Boundaries Commission – publicly accessible material in support of proposal represented that KPMG analysis and...