Twist v Randwick Municipal Council [1976] HCA 58

High Court of Australia Barwick C.J. Mason and Jacobs JJ. Twist v Randwick Municipal Council [1976] HCA 58

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 17 Barwick C.J.

Section 317B of the Local Government Act, 1919 N.S.W., as amended ("the Act"), empowers a municipal council to order the owner of a building within a reasonable time fixed by the council's order to demolish the building if it is in such a state of dilapidation or unsightly condition as to be prejudicial to the property in or the inhabitants of its neighbourhood. This power depends upon the building being in fact in the described state. It is not conditioned upon the council's opinion as to that state. The time fixed by the order for compliance with it must be reasonable. That time should be expressed to run from the service of the order and be adequate to permit of the necessary work being performed. But if within that time the order is not obeyed the council may enter upon the land subjoining the building and itself perform the terms of the order.

An owner who has received such an order may appeal against it to an appropriate District Court within such time and in the manner prescribed by Rules of Court (s. 317B (5)). The decision of such a court on appeal shall be final, binding the council and the appellant, and be deemed to be the final decision of the council for the purposes of the Act: s. 317B (c).

Harold McIvor Twist ("the applicant") is the owner of a parcel of land within the Municipality of Randwick upon which a dwelling house, said to be constructed of "old brick and weatherboard", had been erected.

On 3rd April 1973, the Council of the Municipality ("the Council") resolved to order the demolition of the building. On 16th April, the town clerk of the Council wrote to the applicant a letter which said that a recent inspection of that building had revealed that it was in "such a dilapidated and unsightly condition as to be prejudicial to the property and the inhabitants of the neighbourhood". Notice was given of the Council's order that the building should be demolished within sixty days of receipt of the town clerk's letter. The applicant was further informed that, failing compliance with the order, the Council might enter the land and execute the order.