Bankstown City Council v Alamdo Holdings Pty Ltd

Nuisance – Local government - Drainage - Nuisance in exercise of statutory powers - Indemnity under Local Government Act 1993 (NSW), s 733 for acts or omissions done in good faith relating to the likelihood of land being flooded or the nature or extent of such flooding - Council constructed and operated drainage system whilst involved in the process of urbanisation - Drainage system caused flooding of adjacent land owned by respondent - Whether Council thereby incurred "liability in respect of" its conduct in constructing and operating drainage system - Whether Council acted "in good faith".

Statutes – Construction - Council's statutory indemnity for conduct done in good faith relating to the likelihood or nature or extent of flooding - Whether indemnity precludes the grant of injunctive relief in addition to precluding award of damages for nuisance - Relevance of the objective of s 733 in protecting local government bodies - Relevance of the respective consequences of grant of damages and grant of injunctive relief - Relevance of discretionary nature of injunctive relief - Whether s 733 applies only to liability in respect of past events - Whether liability to injunctive relief is liability in respect of past events.

Statutes – Construction - Council's statutory indemnity for conduct done in good faith relating to the likelihood or nature or extent of flooding - Where Council deferred the taking of immediate action respecting nuisance complained of by respondent - Whether "good faith" requires dishonesty or similar state of mind - Whether something more than negligence is required - Relevance of pending litigation to the character of the Council's conduct in deferring action.

Injunctions – Mandatory injunctive relief - Relationship with grant of damages under Supreme Court Act 1970 (NSW), s 68 - Relevance to whether Council would have incurred any liability in respect of its conduct.

Lord Cairns' Act – Availability of damages in lieu of injunction - Whether such damages readily calculable in money - Relevance to whether Council would have incurred any liability in respect of its conduct - Relevance to character of such liability.

Words and phrases – "liability", "liability in respect of", "not incur any liability", "good faith".

Local Government Act 1993 (NSW) – ss 59A, 733.

Supreme Court Act 1970 (NSW) – s 68.