Walcha Council and Ors v Minister for Local Government and Ors

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Walcha Council and Ors v Minister for Local Government and Ors [2016] NSWLEC 57 Hearing dates:13, 16 and 18 May 2016Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction:Class 4Before: Moore J Decision: See orders at [71] Catchwords: JOINDER – challenge to validity of Local Government (Council Amalgamations) Proclamation 2016 – application for joinder commenced by a council amalgamated by the Proclamation – timing of determination of preliminary question of whether joinder should be granted – addition of two further applicants for joinder – consent to adding additional applicants for joinder – consequential protection of right to determination of public interest issues pressed on behalf of the Gundagai community – presumption of validity of the Proclamation – consideration of the terms of the Proclamation – consideration of the power of the Administrator appointed pursuant to the Proclamation – status of the “former council” and of the Administrator’s decision to terminate instructions to seek joinder – costs – orders to effect joinder of added applicants to the joinder proceedings – order removing Gundagai Council as applicant for joinder – orders to effect joinder of added applicants to the substantive proceedings Legislation Cited: Interpretation Act 1987 Local Government Act 1993 Local Government (Council Amalgamations) Proclamation 2016 Cases Cited: Forbes v New South Wales Trotting Club Ltd [1979] HCA 27; 143 CLR 242; Hoffmann-La Roche v. Secretary of State for Trade [1975] AC 295; Inland Revenue Commissioners v...