South Sydney City Council v Min for Local Government & Anor

South Sydney City Council (the Council) sought judicial review of a decision by the Minister for Local Government (the Minister) to approve the amalgamation of the Council with the City of Sydney Council. The Council contended that the Minister's decision was invalid on the grounds that the Minister had failed to comply with the procedural requirements of section 204 of the *Local Government Act 1993* (NSW) (the Act) and that the Minister had acted unlawfully by failing to consider relevant considerations and by taking into account irrelevant considerations.

The primary legal issue before the High Court of Australia was whether the Minister had validly exercised the power conferred by section 204 of the Act to approve the amalgamation of local government areas. This involved determining whether the Minister had complied with the procedural requirements of the section, specifically the obligation to consult with the affected councils, and whether the Minister had properly considered the relevant factors and excluded irrelevant ones when making the decision.

The High Court held that the Minister's decision was invalid. The Court found that the Minister had failed to undertake the consultation required by section 204(1) of the Act. The statutory language of section 204(1) imposed a mandatory obligation on the Minister to consult with the affected councils before making a recommendation to the Governor for amalgamation. The Court determined that the Minister's actions did not amount to consultation as contemplated by the Act, as the Council had not been afforded a genuine opportunity to make submissions or have its views considered. Consequently, the Minister had acted *ultra vires* and the approval of the amalgamation was quashed.