RATING PROBLEM.

Auckland Star, Volume LXVI, Issue 214, 10 September 1935, Page 13

RATING PROBLEM.

INTERPRETATION ASKED. A legal point, which it was stated was of. much importance to local bodies throughout New Zealand, was argued in the Supreme Court yesterday afternoon before Mr. Justice Fair. The case was one in which the Mount Albert Borough Council brought an originating summon? for interpretation in order to determine a question affecting the righte of lor.il bodies to recover overdue rates. The nominal defendant was the Registrar of the Supreme Court. The council was represented by Mr. Rogerson, Mr. Crocker appeared for the Public Trustee as representing the owners of two properties against whom' the council had obtained absentee judgment, and Mr. Meek for the mortgagee of one of the properties that had been sold up by the council. It was explained by Mr. Rogerson that the originating summons was brought to determine the meaning of certain words in sub-section 0 of section 79 of the Rating Act 1925. The question was whether the words "any other rate due" would cover other judgments against the same property, and it was one of vital importance to local bodie? probably throughout New Zealand. The Full Court had decided, last month, that rates, which were statute barred, for which judgment had not been obtained within three years, were not included in the words "any other rate." The short point for the Court was whether the words "any other rate due" in the subsection referred to included, first, rates in respect of which a judgment had been obtained, and secondly, any coste included in such judgment. His Honor reserved decision.