IW v The City of Perth and Ors

The High Court of Australia considered an appeal by IW against the City of Perth and two other respondents concerning the validity of a notice issued under section 377 of the *Local Government Act 1995* (WA). IW sought to challenge the notice, which required the demolition of a building, on grounds including that it was issued for an improper purpose and that the respondents had failed to afford him natural justice.

The central legal issues before the Court were whether the notice issued under section 377 of the *Local Government Act 1995* (WA) was invalid for being issued for an improper purpose, and whether the respondents had breached the rules of procedural fairness by failing to provide IW with adequate notice and an opportunity to be heard before issuing the demolition notice.

The Court analysed the concept of "improper purpose" in administrative law, noting that a decision-maker must exercise their power for the purpose for which it was conferred. It was held that the evidence did not establish that the respondents had acted for an improper purpose; rather, their actions were directed towards achieving the statutory objective of ensuring building safety. Furthermore, the Court found that while procedural fairness generally requires an opportunity to be heard, the specific circumstances of the case, including the urgent nature of the safety concerns and the fact that IW had been given prior notice of the building's condition, meant that a further hearing was not mandated before the issuance of the notice. The Court distinguished this situation from cases where a person's rights are directly and adversely affected without prior warning or opportunity to respond.

The appeal was dismissed.