RECOVERY OF RATES.

Auckland Star, Volume LXVI, Issue 158, 6 July 1935, Page 11

RECOVERY OF RATES.

COUNTY APPEAL

FULL COURT HEARING. (By Telegraph.—Press Association.) WELLINGTON, Friday. The Full Court this afternoon heard an appeal from a judgment of Mr. Justice Herdman delivered in Auckland on April 4 last in an action brouglit bv Mr. C. J. Hewlett, the former registrar of the Supreme Court at Auckland, against the Waitemata County Council and ©titers, the question being whether a rating authority could recover from the proceeds of a sale of property under the Rating Act rates which had been struck more than three years prior to the judgment under which the sale was effected. In July, 1934, the registrar had caused to be sold for £60 land for rates on which judgment had been obtained by the Waitemata County Council for £14. After making provision for commission and for the payment of the amount of the judgment and costs, there remained in tiie hands of the registrar a balance of £18 15/4. The dounty Council then claimed that the registrar was obliged to pay out of the balance a further sum of £5 4/8 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 the opinion of the Court. Mr. Justice Herdman held that the rates, being irrecoverable by action by virtue of the lapse of time since they were struck, did not create a charge under which the registrar was entitled to pay them to the rating authority. His Honor gave judgment against the County Council. From that judgment the council appealed. After hearing argument by Mr. Barraclough on behalf of the County Council and Mr. Henry on behalf of other claimants, the Full Court reserved its decision.