A council's failure to comply with tendering requirements under s 55 of the Local Government Act 1993 (NSW) does not render the resulting contract unenforceable by the innocent contractor. Section 55 and cl 5(1) of the Local Government (Tendering) Regulation 1999 are directed only to the power of the council to enter into the contract, not to the contract as a whole. Even if the contract were unenforceable, the contractor would be entitled to a quantum meruit for work done and accepted. Weed control notices under s 18 of the Noxious Weeds Act 1993 (NSW) remain in force until complied with, and multiple s 20(3) notices may issue from a single s 18 notice.
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