McNeil v Narrabri Shire Council [2013] NSWCA 112

McNeil v Narrabri Shire Council [2013] NSWCA 112

The s124 order was valid as it required restoration through removal of dilapidated structure and friable asbestos, even though its language was infelicitous; item 21 allows demolition actions as necessary to restore a safe and healthy condition; the property description in the order was sufficient to cover both Lots; Mr McNeil failed to discharge the onus of proving friable asbestos was not present, the presumption of regularity applied, and the council lawfully incurred expenses recoverable under s678.

Parties
Appellant: Ian McNeil; Respondent: Narrabri Shire Council
Jurisdiction
Australia
Judgment Date
09 May 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Validity of S124 Order, Demolition Under S124, Trespass by Council, Jurisdictional Fact for S124 Order, Definition of Friable Asbestos
Local Government Law Validity of S124 Order Demolition Under S124 Trespass by Council Jurisdictional Fact for S124 Order Definition of Friable Asbestos

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Parties

Ian McNeil

Appellant

Narrabri Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the s124 order issued by the Narrabri Shire Council was valid
  2. 2 Whether the order specified the required actions
  3. 3 Whether council could require demolition under item 21 of s124

Ratio Decidendi

The s124 order was valid as it required restoration through removal of dilapidated structure and friable asbestos, even though its language was infelicitous; item 21 allows demolition actions as necessary to restore a safe and healthy condition; the property description in the order was sufficient to cover both Lots; Mr McNeil failed to discharge the onus of proving friable asbestos was not present, the presumption of regularity applied, and the council lawfully incurred expenses recoverable under s678.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.