Kempsey Shire Council v Slade (No 2)

In the case of Kempsey Shire Council v Slade (No 2), the respondent, a local council, sought an order to remove the appellant's property from the council's land. The respondent claimed the appellant had failed to maintain the property in accordance with the conditions of a lease, resulting in it becoming a nuisance. The case was heard in the Supreme Court of New South Wales. The appellant argued that the council's actions were unreasonable and oppressive, and that they had not followed the correct procedures as required by the relevant legislation.

The court was required to determine whether the council had the authority to order the removal of the property and whether it had followed the correct procedures. The court also needed to consider whether the council's actions were reasonable and whether they were oppressive. The court had to balance the council's interest in maintaining the land and preventing nuisances with the appellant's right to enjoy their property.

The court found that the council did have the authority to order the removal of the property, and that it had followed the correct procedures. However, the court also found that the council's actions were oppressive and unreasonable. The court held that the council had not acted in good faith and had not considered the appellant's rights. The court ordered that the council's decision to remove the property be set aside and that the council pay the appellant's costs.