Georges River Council v Eskander

In the case of Georges River Council v Eskander, the dispute arose from an application by the Georges River Council seeking to enforce a notice served on Eskander to remove a shed on his property. The case was heard by the Supreme Court of New South Wales, with Justice Groves presiding.

The primary legal issues before the court were whether the council's notice was validly served and if the council had the authority to demand the removal of the shed under the Local Government Act 1993. Additionally, the court needed to determine whether Eskander's actions in building the shed constituted a contravention of the council's planning scheme.

Justice Groves found that the council's notice was validly served as it was personally delivered to Eskander and was accompanied by a written statement detailing the reasons for the notice. The court also held that the council had the authority to demand the removal of the shed, as it was deemed to be an unauthorised building under the council's planning scheme. Eskander's argument that the notice was invalid due to procedural errors was rejected by the court, which found that the council had followed the correct process in serving the notice. Consequently, the court granted the council's application for an order enforcing the notice and requiring the removal of the shed.