SUPREME COURT

Evening Star, Issue 17279, 18 February 1920, Page 6

SUPREME COURT

IN BANCO. (Before, His Honor the Chief Justice.) —Motion for Injunction.— George Howat, of Tapanui, farmer, on behalf of himself and others, being ratepayers of the Tapanui Riding v. the T«»peka County Council. This was a motion for an injunction to restrain defendants from levying a uniform rate of lid in the £ on the rateable value of the property in the countj lor the period from March 51, 1919 to March 31, 1920, and, further, to restrain them from levying any rate in the countv until they had considered the bonafide estimate of the_ requirements of the county and of each of the ridings upon the following grounds:—The defendants had tailed to fulfil the conditions precedent to the levying of the said rate, in that thev did not place before the members of the council a bonafide estimate of the monevs required by the council for the year mentioned. The said uniform rate, if levied would be in fraud of the statute bv not taking into account the requirements of the various ridings and the state of tlicii account with the county. In their statement of defence the defendants said that they prepared an estimate of the amount required as provided by section 123 of the Counties Act 1908 before teimg steps to lew the rate for the current year, and that the estimate was not misleading in anv respect. -M r r fc>. Solomon, K.C.,’ with Air C .1 i ayue, appeared for the plaintiffs, an/ a, ‘o 5 Adam * for the defendants. -Mr Solomon contended that the rati was invalid because, instead of being uni. orm, it should have been proportional to the wonts required to be done in each riding, and that it should also have taken into consideration the financial position of the ridings with regard to the whole county at the time when it was levied. Learned counsel’s address on the law and lacts occupied close on two hours. r , Adams was addressing the Court in trie afternoon.