Parkes Shire Council v Stephenson & Ors

Parkes Shire Council (the Council) sought to recover from the respondents, Mr. and Mrs. Stephenson, the cost of certain works undertaken by the Council on land owned by the respondents. The dispute concerned the interpretation and application of section 124 of the *Local Government Act 1993* (NSW) (the Act), which allows a local council to recover the cost of certain works from the owner of the land on which the works were carried out. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Council was entitled to recover the costs of the works from the respondents under section 124 of the Act. This required the Court to determine the scope of the Council's power to carry out works and recover their cost, and whether the specific works undertaken by the Council in this instance fell within the ambit of that power. A further issue was whether the Council had provided sufficient notice to the respondents regarding the proposed works and the potential for cost recovery.

Kiefel CJ and Edelman J held that the Council was not entitled to recover the costs of the works. Their Honours reasoned that section 124 of the Act requires a council to identify with sufficient particularity the works it proposes to undertake and the basis upon which it intends to recover the costs. In this case, the Council's notice was found to be deficient as it did not adequately specify the nature of the works or the statutory power under which they were being undertaken, nor did it clearly indicate that the Council intended to recover the costs from the landowners. The Court emphasised that the statutory power to recover costs must be exercised with procedural fairness, including the provision of clear and adequate notice to the affected landowners.

The High Court ordered that the appeal be dismissed and that the Council pay the respondents' costs.