DEBTOR FOR RATES

Evening Post, Volume CXXXVI, Issue 87, 9 October 1943, Page 9

DEBTOR FOR RATES

SERVICEMEN PROTECTED

P.A. DUNEDIN, October 8. The protection accorded to servicemen under the Debtors' Emergency Regulations, 1940, against proceedings under the Rating Act was discussed in the Supreme Court by Mr. Justice Kennedy in a judgment delivered in an application by the Dunedin City Corporation for a mandamus to tfye Registrar to give notice to a debtor that the corporation had obtained judgment for rates against a property owner, which judgment was not fully satisfied. The corporation tendered a certificate under the Act recording the judgment and the amount owing, and required the registrar to give notices under the act. The debtor was a mem-ber-of the Forces^ when the certificate was tendered and the Registrar declined to receive the certificate because leave to exercise power of sale had not been obtained. The question at issue was whether the certificate of judgment might be received and notices lawfully given without leave of the Court being obtained. His Honour held that the first act in the case was that of the corporation, but all subsequent acts were, in fact, acts by the Registrar. For the continuance and completion of such acts leave must be obtained where a debtor became a member of the Forces or filed a notice. It followed that the Registrar should have received a certificate of judgment and given notices under the Act, although no leave to exercise power of sale had been obtained, but no further steps might lawfully have been taken thereafter without leave of the Court.