Canterbury Bankstown Council v Dib

The case of Canterbury Bankstown Council versus Dib was heard before the Supreme Court of New South Wales. The appellant, Canterbury Bankstown Council, sought to appeal a decision of a lower court that had ruled in favour of the respondent, Dib, in a dispute over the enforcement of a local government by-law concerning the sale of cigarettes. The lower court had found that the by-law was invalid due to procedural irregularities in its adoption.

The central legal issue in this case was whether the lower court was correct in finding the local government by-law invalid due to procedural flaws in its adoption. The appellant argued that the lower court had erred in law by finding the by-law invalid on procedural grounds, asserting that the by-law was validly adopted despite the procedural issues. The respondent maintained that the lower court’s finding was correct and that the procedural flaws rendered the by-law invalid.

The Court found that the lower court’s reasoning was sound and that the by-law was indeed invalid due to the procedural irregularities. The Court noted that the by-law had not been properly advertised and had not been subject to the required public consultation, which were essential procedural steps according to the Local Government Act. The Court held that these procedural flaws were significant and rendered the by-law invalid, affirming the lower court's decision. Given that the appeal was without merit, the Court dismissed it and ordered that the appellant pay the respondent’s costs of the appeal.