Wentworth v Woollahra Municipal Council

The High Court of Australia considered an appeal by Wentworth against a decision of the Supreme Court of New South Wales concerning the validity of certain development applications made by Woollahra Municipal Council. The dispute centred on the Council's alleged failure to comply with statutory requirements when granting development consent for a residential building project.

The primary legal issues before the High Court were whether the Council had acted *ultra vires* in granting the development consents and whether the consents were invalid due to a failure to comply with the procedural requirements of the relevant planning legislation. Specifically, the Court had to determine if the Council had properly considered all relevant matters and followed the prescribed notification and objection procedures.

The Court's reasoning focused on the interpretation of the *Local Government Act 1919* (NSW) and the *Environmental Planning and Assessment Act 1979* (NSW). It was held that the Council had failed to observe mandatory procedural requirements, rendering the development consents invalid. The Court applied the principle that where a statute prescribes a specific procedure for the exercise of a power, strict compliance is necessary, and failure to do so may result in the invalidity of the action taken. The Court found that the Council's actions were not merely irregular but constituted a fundamental breach of statutory duty.

The High Court allowed the appeal, quashed the development consents, and ordered that the respondents pay the appellant's costs.