COUNTY APPEAL

Ashburton Guardian, Volume 55, Issue 231, 13 July 1935, Page 3

COUNTY APPEAL

NON-PAYMENT OF RATES. DIRECTION TO COURT REGISTRAR (Per Press Association.) WELLINGTON, July 12. In the case of Hewlett v. the Waiteniata County Council and others, heard on July s', the Full Court held that the rates being irrecoverable by action did not create a charge, ancl therefore the County Council was not entitled 'to succeed. The motion before the Court was accordingly dismissed.

This was an appeal from the judgment of Mr Justice Herdman, in an action brought by Cecil John Hewlett, registrar of the Supreme Court at Auckland, against the Waitemata County Council and others. On July 21, 1934, the registrar caused certain lands to be sold for non-payment of rates under a judgment obtained by the council for £l4. After making provision, for commission and for payment of the amount of the judgment and the costs, there remained in liis hands a balance of £lB 15s 4d. The Waitemata County Council then claimed that the registrar was obliged! to pay out of the balance a further suni for rates struck in 1927 and 1928. No judgment had been obtained for this latter amount, which related to a period more than three years ago, and the registrar, being doubtful whether the council was entitled to payment of this amount, filed an inter-pleader summons asking for tho opinion of the Court, Mi Justice Herdman holding that the rates, being irrecoverable by action by virtue of the lapse of time since the time when they were struck, did not create a charge under which the registrar was entitled to pay them to the rating authority, and gave judgment against the County Council. From that judgment the County Council appealed.