Kogarah Municipal Council v Rockdale Municipal Council [1927] HCA 22

39 C.L.R.] OF AUSTRALIA. 203

(HIGH COURT OF AUSTRALIA.)

ans Tea Tree

THE COUNCIL OF THE MUNICIPALITY pom OF KOGARAH AND OTHERS . . ; Avpeuiants ; 278" DEFENDANTS, eae ae: ia asp Ce

THE COUNCIL OF THE MUNICIPALITY ) . OF ROCKDALE 5 RESPONDENT. PLaintirr,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Local Government—Destruction of night-soil—Control by council of municipality— 4.0, ov A. Sanitary depot established in municipality by council of another municipality— 997. Approval by Minister of Health or Board of Health—Withdrawal of consent by council—Nuisance—Suit by council to restrain—Local Government Act 1919 (N.8,1.) (No. 41 of 1919), secs, 84, 279, 8, 506, 530, 587, 654— Local Government Ordinance 1921-1924, No. 44 (N.S.W.}, clauses 10, 19, 2% 30, 31.

In 1912 the Board of Health of New South Wales approved of an area of land within one municipality as a site for use by the council of another municipality as a depot for the disposal and destruction of night-soil. 'The land was thereafter used by the council of the latter municipality for the disposal of night-soil by burial. In April 1926 the council of the former municipality passed a resolution prohibiting the use within its aren of any land for the purpose of the disposal or destruction of night-soil by burial, and notice of this resolution was given to the council of the latter municipality. and, that council having refused to discontinue the use of the depot, the council

of the former municipality brought a suit in equity in the Supreme Court of New South Wales against the council of the latter municipality, alleging (inter alia) that the depot was a menace to the health of the locality and a nnisance to residents in the former municipality, and claiming an injunction to restrain the council of the latter municipality from using the Jand for the purpose of