Minister for Local Government v South Sydney City Council (No 3)

The Minister for Local Government sought an injunction against South Sydney City Council to restrain the council from taking any further steps to implement or give effect to a proclamation made by the Governor under section 738(1) of the *Local Government Act 1993* (NSW) concerning the council's boundaries. The application was heard by Spigelman CJ in the Supreme Court of New South Wales.

The central legal issue before the court was whether to grant an injunction pending an application for special leave to appeal to the High Court. This required the court to consider the principles governing the grant of such injunctions, particularly the prospect of success on appeal and the balance of convenience. The validity of the Governor's proclamation itself was implicitly in question, as the injunction sought to prevent its implementation.

Spigelman CJ applied the established principles for granting interlocutory injunctions, focusing on whether the applicant had demonstrated a sufficient likelihood of success on appeal to warrant the court's intervention. The Chief Justice considered the arguments presented by both parties regarding the potential invalidity of the proclamation and the consequences of either granting or refusing the injunction. The balance of convenience was weighed, taking into account the potential disruption and prejudice to the parties and the public interest.

An injunction was granted, restraining South Sydney City Council from taking any further steps to implement or give effect to the proclamation.