Minister for Local Government v South Sydney City Council [No (i)]

The Minister for Local Government sought leave to amend an application to the Supreme Court of New South Wales, Court of Appeal, concerning a dispute with South Sydney City Council. The precise nature of the underlying dispute is not detailed in the provided text, but the core issue before the Court of Appeal was whether an argument not raised at the trial level could be introduced on appeal through an amendment.

The central legal issue before the Court of Appeal was the characterisation of an amendment sought by the Minister for Local Government, specifically whether it constituted an attempt to raise a new argument on appeal that had not been considered by the primary judge. This required the court to consider the principles governing the amendment of applications in appellate proceedings.

The Court of Appeal refused leave to amend. While the specific reasoning is not elaborated, the refusal indicates that the court determined the proposed amendment was not permissible in the appellate context, likely due to the nature of the argument sought to be introduced and the stage of the proceedings. The outcome was that the amendment was not allowed.