McNeil v Narrabri Shire Council [2013] NSWCA 112

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McNeil v Narrabri Shire Council [2013] NSWCA 112 Hearing dates: 16 April 2013 Decision date: 09 May 2013 Before: Barrett JA at [1] Emmett JA at [2] Preston CJ at [74] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LOCAL GOVERNMENT –- whether order made by council under s 124 of Local Government Act valid – whether order stated what was required to be done LOCAL GOVERNMENT – whether order under item 21 of s 124 for demolition valid LOCAL GOVERNMENT – whether trespass by council where order referred only to one of two parcels of real property on the premises – where order referred to address of premises containing both parcels LOCAL GOVERNMENT – whether s 124 order invalid for lack of jurisdictional fact – presumption of regularity – onus on appellant to prove jurisdictional fact did not exist – where opinion evidence of appellant inadmissible - whether friable asbestos on premises – definition of "friable asbestos" – where bonded asbestos affected by fire Legislation Cited: District Court Act 1973 Evidence Act 1995 Local Government Act 1993 Land and Environment Court Act 1979 Occupational Health and Safety Regulation 2001 Protection of the Environment Operations Act 1997 Texts Cited: WorkCover NSW - Your Guide to Working with Asbestos - March 2003 Category: Principal judgment Parties: Ian McNeil (Appellant) Narrabri Shire Council (Respondent) Representation: Counsel: V R Gray (Appellant) S Glascott (Respondent) Solicitors: None (Appellant) DLA Piper Australia (Respondent) File Number(s): CA 2012/132802 Decision under appeal Date of Decision: 2012-04-03 00:00:00 Before: Judge Toner SC File Number(s): 2008/322057