CLAIM FOR RATES

Dominion, Volume 24, Issue 62, 6 December 1930, Page 15

CLAIM FOR RATES

Higher Decision Needed

LENGTHY ARGUMENT Wanganui, December 5. Mr, J. H. Salman, S.M., was engaged iu the YVunaanql Magistrate'g Court today in hearing the City Council claim for the balance of rates on the combined s r “op and dwelling in Guytou Street. Lbe amount in dispute was £23/2/1, and alter lengthy legal argument decision was reserved. , . Mr. Treadwell, iu outlining Hie case lor the council said that ou March JI, the rates due on the property were til 0/2. Proper notice was sent out to defendant demanding payment of rates on November 22, 1920. Defendant through his solicitors forwarded the council 4-1 0/1, and claimed that as the place had been unoccupied for some time qetendant was only liable for payment of half tee rates and the payment of relieved him from further liability. A fqttlier demand was sent out for the balance, together with the 10 per cent, penalty, viz., £2/2/-. In the rate book the property was described as a shop aud nothing a ? • no objection had ever been made by defendant pr on bjs behalf to that description. The rating is on the annual letting values. When the notices were sent on to various ratepayers they had the opportunity of coming before the Assessment Court and voicing any objections they may have hud. No such objection was taken. There was no denying that the premises consisted partly of a dwellinghouse and shop combined. At the time the' rates accrued were due the whole of the premises were one large shop, It wgs not now in the same condition,' as a partition had been put in the shop. The premises were partly used for residential purposes. After legal argument Mr. Treadwell said that he hoped that as ft result of this case or some other case the section ot the Act would he niueuded so that they could understand what it meant. The magistrate remarked that no matter what the decision was he thought that the opinion of the Supreme Court should be soughtDecision was reserved.