Minister for Local Government v South Sydney City Council (No 2)

The Minister for Local Government sought judicial review of a decision by the Boundaries Commission concerning a petition for a public inquiry into the amalgamation of South Sydney City Council and the City of Sydney. The dispute centred on whether the Commission was obliged to consider a petition presented to it by the Council, which requested the Minister to initiate a public inquiry into the proposed amalgamation. The matter was heard by Spigelman CJ, Mason P, and Ipp AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the interpretation of section 263 of the *Local Government Act 1993* (NSW). Specifically, the Court had to determine whether the Boundaries Commission had a mandatory duty to consider a petition presented to it by a local council requesting the Minister to direct a public inquiry into a proposed amalgamation, or whether the Commission had a discretion in whether or not to consider such a petition.

The Court of Appeal held that section 263 of the *Local Government Act 1993* did not impose a mandatory duty on the Boundaries Commission to consider a petition requesting the Minister to direct a public inquiry. The Court reasoned that the language of the section indicated a discretion rather than an obligation, and that the Commission was not required to embark on a process of considering the petition if it did not deem it appropriate. The appeal was dismissed, and the orders of 30 August 2002 were affirmed.