Ryan v The Council of the City of Sydney [2018] NSWSC 265

Ryan v The Council of the City of Sydney [2018] NSWSC 265

The appellant contended that the Council had failed to respond adequately to his enquiries about the rate notice which he called an invoice, and that both the LCA and the Local Government Act 1993 are invalid, and therefore, he is entitled not to pay the sum charged as purported Council rates. Mr Ryan submitted that the phrase “subject to this Constitution” renders the NSW Government incapable of validly legislating to create Local Government Authorities and Local Courts, arguing that State Constitutions are repugnant to the Commonwealth Constitution and therefore “have no authority”, and that these were matters of federal jurisdiction and accordingly, the only courts with jurisdiction were “Chapter III courts”.

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