Barringer v Nyngan Corporation [1953] HCA 4

Barringer v Nyngan Corporation [1953] HCA 4

Section 317B of the Local Government Act 1919-1951 (N.S.W.) empowers a council to order the demolition of a building in a dilapidated or unsightly condition without obliging the council to provide the owner with an alternative of repair or re-erection. The wording and structure of the provision, as well as its machinery aspects, contemplate demolition as a stand-alone remedy and the owner's statutory right of appeal is the proper mode of challenge. Accordingly, the order for demolition without alternatives was valid.

Parties
Plaintiff, Appellant: Cecil Carl Barringer; Defendant, Respondent: Council of the Municipality of Nyngan
Jurisdiction
Australia
Judgment Date
05 March 1953
Procedural Posture
Appeal From the Supreme Court of New South Wales (equity Division) / High Court of Australia Judgment
Outcome
Appeal dismissed
Legal Topics
Building Regulation, Statutory Construction, Powers of Municipal Councils, Validity of Administrative Orders, Remedies for Building Demolition Orders
Administrative Law Local Government Law Building Regulation Statutory Construction Powers of Municipal Councils Validity of Administrative Orders Remedies for Building Demolition Orders

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Parties

Cecil Carl Barringer

Plaintiff, Appellant

Council of the Municipality of Nyngan

Defendant, Respondent

Procedural Posture

Appeal From the Supreme Court of New South Wales (equity Division) / High Court of Australia Judgment

Legal Issues

  1. 1 Whether s. 317B of the Local Government Act 1919-1951 (N.S.W.) requires an order to give an owner an alternative to demolition of a building
  2. 2 Whether the council’s order was valid if it did not provide an alternative
  3. 3 The extent of judicial review and remedy available against such a municipal order

Ratio Decidendi

Section 317B of the Local Government Act 1919-1951 (N.S.W.) empowers a council to order the demolition of a building in a dilapidated or unsightly condition without obliging the council to provide the owner with an alternative of repair or re-erection. The wording and structure of the provision, as well as its machinery aspects, contemplate demolition as a stand-alone remedy and the owner's statutory right of appeal is the proper mode of challenge. Accordingly, the order for demolition without alternatives was valid.

Court Disposition

Appeal dismissed

Orders

  • Decree of the Supreme Court of New South Wales dismissing the suit affirmed.
  • No injunction or declaration as sought by the plaintiff granted.