TEST CASE.

Clutha Leader, Volume XXXIX, Issue 55, 21 February 1913, Page 6

TEST CASE.

WELLINGTON, Feb. 18. j A test case concerning rates was brought bafore Mr Justice Chapmau at the Supreme Court this rooming on a summons "ernoved from the Magistrate's _ourt. The plaintiff was the Wellingr ton City Corporation, and the defendants, wcfro Hamilton Bilmer, M.L.C., Allen Maguire (fitter). John O'Rane (clerk)', Charles Perrin Skerrett, K.C., and Mary Ann McArdle'(settie'r). all of Wellington. The defendants, it was set out in the statement of claim, are owners of the Trocadero Private Hotel, upon which the sum of £3O 13s lOd is due for electric heat, light and power supplied, pursuant of the provisions of the Rating Act, 1908. The Citv Council on June 1, 1912, demanded this amount, which, it was claimed, was recoverable as a' separate rate from the owners of the property. The demand was not complied with. and an action to recover tha amount was therefore brought by the corporation. The defendants, for whom Sir John Findlay a.nneared, disputed the corporation's right to recover the amount as a. separate rate. Sir John Findlay stated that the question for the court was: Is a municipal corporation which owns or controls gas or electric light supply entitled to recover (under the Rating Act) from a landlord as a separate rate the price of gas or electrical energy consumed by a tenant for light, heat or power, when the tenant had failed to pay? Mr O'Shea (city solicitor) contended that under the Municioal Corporations Act and Rating Act the Council possessed the power to enforce this as a separate rate against a, landlord, and the amount was recoverable in the same way as other rates, Decision was reserved.