Dexus Funds Management Limited v Blacktown City Council (No 3)

The case between Dexus Funds Management Limited and Blacktown City Council, known as Dexus Funds Management Limited v Blacktown City Council (No 3), came before the court for resolution of issues pertaining to a development application for a shopping centre. Dexus Funds Management Limited sought judicial review of a decision by Blacktown City Council to approve the development, questioning the validity and process behind the approval. The case involved a legal challenge to the administrative decision-making process and the substantive approval of the shopping centre development.

The court was tasked with determining whether the council's decision to approve the development was lawful, whether proper procedures were followed, and if the decision was made without bias or error. The central legal issue was whether the council's approval of the development application, as well as the process leading to this approval, adhered to the requisite statutory and procedural standards. The case also explored whether the council had the authority to approve the development under the relevant planning legislation.

In delivering its judgment, the court found that the council's determination was void and of no effect due to procedural irregularities and potential bias. The court held that the council had not followed the correct procedures in making its decision, and there were indications of bias that undermined the fairness of the process. Consequently, the court declared the approval void, restrained the council and its agents from proceeding with any actions based on the approval, and reserved the matter of costs for future determination.