McNeil v Narrabri Shire Council

McNeil appealed to the Court of Appeal of New South Wales against orders made by the Supreme Court concerning the validity of an order issued by Narrabri Shire Council. The dispute centred on an order issued by the Council under section 124 of the *Local Government Act 1993* (NSW) requiring the demolition of certain structures on the appellant's property. The appellant contended that the order was invalid and that the Council had trespassed on his property.

The primary legal issues before the Court of Appeal were whether the Council's demolition order was validly made under section 124 of the *Local Government Act 1993*, specifically in relation to item 21 of that section, and whether the order sufficiently specified what was required to be done. Further issues included whether the Council had committed trespass by referring to an address that encompassed two parcels of real property when the order purportedly related to only one, and whether the order was invalid due to a lack of a jurisdictional fact, namely the presence of friable asbestos. The Court also considered the admissibility of opinion evidence regarding the presence of friable asbestos and the definition of "friable asbestos" in the context of bonded asbestos affected by fire.

The Court of Appeal applied the presumption of regularity, placing the onus on the appellant to prove the absence of a jurisdictional fact. It held that the appellant's opinion evidence regarding friable asbestos was inadmissible. The Court found that the Council's order, despite referring to a single address that contained two parcels, was sufficiently clear in its requirements and that the presence of bonded asbestos affected by fire could constitute friable asbestos for the purposes of the order. Consequently, the Court determined that the Council's order was valid and that no trespass had occurred.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.