THE KPMG report the NSW Government has relied upon to justify its program of forced council amalgamations was examined as Oberon’s legal challenge to the mergers began this week.
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Walcha, Oberon and Cabonne councils’ combined legal challenge began in the NSW Land and Environment Court on Tuesday.
The challenge is based on a claim that Minister for Local Government Paul Toole misused Sections 218F of the Local Government Act.
Sydney barrister Peter King, who is acting pro bono for the united rural council challenge, spoke on day one of the hearing about the KPMG report not being fully disclosed to the public.
Mr King argued that the KPMG assumptions, on which the proposed mergers were based, were fundamentally flawed.
As a result of this, he said, the delegates’ reports, following the public inquiries, and the Boundaries Commission findings were also flawed because they had not received the complete information.
Chief Judge Preston read the report in full and declared the two cabinet documents – the KPMG report and business case details – sought by Mr King warranted public immunity and would not be disclosed.
The court challenge was listed to continue yesterday and today.