Shire of Brookton v Brechin & Ors

The Shire of Brookton (the Shire) sought to recover from the respondents, Mr. and Mrs. Brechin, the cost of certain works undertaken by the Shire on land owned by the Brechins. The dispute concerned the interpretation and application of section 333 of the *Local Government Act 1995* (WA) (the Act), which permits a local government 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 on appeal from the Supreme Court of Western Australia.

The central legal issue before the High Court was whether the Shire was entitled to recover the costs of the works from the Brechins under section 333 of the Act. This required the Court to determine the scope of the Shire's power to undertake works and recover their cost, and whether the specific works undertaken in this instance fell within the ambit of the section. The Court also had to consider whether the Brechins had been afforded sufficient notice of the Shire's intention to carry out the works and recover the costs.

Gleeson CJ and Gummow J held that the Shire was not entitled to recover the costs of the works. Their Honours reasoned that section 333 of the Act required the local government to give the owner of the land notice of its intention to carry out the works and to specify the amount it proposed to recover. The Shire had failed to provide such notice to the Brechins. The Court emphasised that the statutory power to recover costs was conditional upon compliance with the procedural requirements of the Act, including the provision of adequate notice.

Consequently, the appeal was dismissed, and the orders of the Supreme Court of Western Australia were affirmed.