Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council

Marrickville Metro Shopping Centre Pty Ltd (the appellant) challenged the validity of decisions made by Marrickville Council (the respondent) concerning the rating of its shopping centre land. The respondent had determined to establish a sub-category of rateable land applicable to the appellant's property and subsequently fixed an ad valorem amount for the ordinary rate applicable to that sub-category. The appellant sought judicial review of these decisions.

The primary legal issues before the court were whether the respondent's decisions were vitiated by jurisdictional error, specifically through manifest unreasonableness, improper purpose, or an apprehension of bias. The appellant also contended that a procedural omission by the respondent rendered the decisions invalid.

The court considered the principles of judicial review, including the concept of jurisdictional error and the grounds upon which a decision might be quashed. It examined whether the respondent's actions, in establishing the sub-category and setting the rate, were so unreasonable as to demonstrate a failure to exercise its statutory power according to law. The court also assessed the evidence relating to the alleged improper purpose and apprehension of bias, and whether any procedural omission was material to the validity of the decisions.

The appeal was dismissed, and the appellant was ordered to pay the costs of the respondent.