Botany Bay City Council v Minister for Local Government

Botany Bay City Council (the Council) sought judicial review of a decision by the Minister for Local Government (the Minister) concerning a proposal for the amalgamation of councils. The dispute centred on the Minister's examination and report of the Council's proposal under sections 218F and 263 of the *Local Government Act 1993* (NSW). The Council contended that its proposal, made under section 218F, was a mandatory relevant consideration that the Minister failed to properly take into account.

The primary legal issues before the Court of Appeal of New South Wales were whether the Council's proposal constituted a mandatory relevant consideration in the Minister's examination and report process under sections 218F and 263 of the *Local Government Act 1993* (NSW), and whether the Minister's failure to adequately consider the proposal amounted to a denial of procedural fairness. The Court was required to interpret the scope and effect of section 263 in relation to proposals submitted under section 218F.

The Court of Appeal dismissed the Council's appeal. It reasoned that while the Council's proposal was a matter to be considered, section 263 of the Act did not mandate that the Minister must adopt or give specific weight to such a proposal when preparing a report. The Court found that the Minister had considered the proposal, and therefore, there was no breach of procedural fairness. The appeal was dismissed with costs.