APPEAL AGAINST RATES.

Auckland Star, Volume LVIII, Issue 128, 2 June 1927, Page 11

APPEAL AGAINST RATES.

JUDGMENT FOR CITY COUNCIL.

CHANCERY BUILDINGS CLAIM.

DEFENCE UPHELD.

On legal grounds, Cliief Justice Skerrett has decided in favour of Auckland City Council in the action brought by Mr. T. G. Julian, part owner of Chancery Buildings, at the corner of Chancery Lane, for the recovery of £66 8/10, money paid on a demand for rates which was alleged to have been made on an inaccurate basis. It had been stated by plaintiff (Mr. Luxford) that the buildings were not completed within the year for which rates were demanded, and Mr. Luxford therefore contended that the money was recoverable. The facts were not disputed, but the case had resolved itself into an argument on legal point-;.

Summing up to-day, his Honor recalled the two defences raised by Mr. Johnstone on behalf of the corporation. The first was that notice of the action had* not been given within the period laid down by section 353"0f the Municipal Corporations Act, and the second that the action was not commenced within six months after the payment by plaintiff of the rates. The sole question was whether these statutory provisions were applicable.

After reviewing the legal aspect, his Honor upheld the defence. The payment had been purely voluntary. It was not a compulsory payment, because it had been made under a demand of the corporation. The fact that the corporation had not informed plaintiff that litigation was pending on similar grounds between itself and othft ratepayers did not imply improper conduct.

Costs were allowed to the corpumiiun on the lowest scale.