Camberwell v Woolf [1932] HCA 57

48 C.L.R.] OF AUSTRALIA. 547

{HIGH COURT OF AUSTRALIA.)

THE MAYOR, COUNCILLORS AND CITIZENS Ja

OF THE CITY OF CAMBERWELL ¥ APPELLANT ; PLarntirF, AND WOOLF Be eee cs RESPONDENT, DEFENDANT,

' ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Local Government—Street-making—Liability of frontager—Adoption of scheme— H.C. or A. Conditional adoption—Invalidity of adoption—Unconditional adoption necessary 1932. —Local Government Act 1915 (Vict.) (No. 2686), secs. 531, 532—Local > Government Act 1928 (Vict.) (No. 3720), secs. 579, 580. MztBourng,

In purported exercise of the powers to make and repair streets conferred SP 26, 27- by Div. 10 of Part XIX. of the Local Government Act 1928, a municipal council SypNEY, passed the following resolution: "That the plans estimate and scheme of Nov. 21. distribution of cost of the construction " of certain streets " be adopted without Gavan Dufty variation and that tenders be called for the work, provided that if the tenders C.J, Rich, ~ are not materially lower than the estimate the matter will be reconsidered "pt Di9™ + + + with a view to some other form of construction." The work was M¢Tieman JJ. subsequently completed, and the council brought an action against the respon- dent to recover the proportion of the cost attributed to him.

Held, that the resolution did not amount to a final and definitive resolution to carry out the proposed work and adopt the estimate and scheme of distribution and so fix the liability of the owners interested ; that, in the circumstances, the council did not comply with the provisions of sec. 579 of the Local Government _ Act 1928, and that apart from a valid adoption of the scheme the respondent 'was not bound or concluded or liable to pay his proportion of the cost of construction.

Decision of the Supreme Court of Victoria (Full Court) : City of Camberwell ¥. Woolf, (1932) V.L.R. 399, affirmed.