Tablelands Regional Council v Minister for Local Government

The Tablelands Regional Council (TRC) sought a review of the Minister for Local Government’s decision concerning the division of cash balance between TRC and the Mareeba Shire Council (MSC) after the de-amalgamation of TRC. The dispute was referred to and decided by the Minister under the Local Government (De-amalgamation Implementation) Regulation 2013 (Qld). TRC applied for statutory review of the Minister’s decision pursuant to s 20 of the Judicial Review Act 1991 (Qld), alleging that the Minister’s decision was not supported by evidence and was Wednesbury unreasonable. The court had to determine whether the Minister erred in her decision, and if so, whether it was appropriate to grant the application for review.

The court found that the Minister’s decision was based on the independent consultant’s report which determined the allocation of the cash balance between TRC and MSC. The Minister considered the consultant’s report and found it to be comprehensive and reliable. The court agreed with the Minister that the evidence provided by TRC did not conclusively demonstrate that the consultant had misstated TRC’s fair allocation of cash at de-amalgamation. The court also found that the Minister had not failed to take into account any relevant consideration. Therefore, the court held that the Minister did not err in her decision.

The court further held that even if the Minister had erred, it would be inappropriate to grant the application for review. The court noted that the Minister’s decision was based on a comprehensive process undertaken by the independent consultant, and that TRC’s concerns were misconceived. The court also noted that the Minister had taken into account a genuine error identified by the consultant and had adjusted the cash allocation accordingly. The court held that the Minister’s decision was not Wednesbury unreasonable and was therefore not liable to be quashed.

The court dismissed TRC’s application and ordered that the parties be heard as to costs at a later date, unless the parties notified the court in the meantime that costs were agreed.