RATE PAYMENT

Hokitika Guardian, 11 December 1934, Page 5

RATE PAYMENT

APPEAL COURT UDGMENT

(Per Press Association, Copyright!

WELLINGTON, December 10

Judgment was given in the App eaf Court; to-day in the ease of Qbom v. tlie Auckland City Council. Heard be* for the Appeal Court on October 1. The question involved wa s that ol the interpretation iof Section 77 of the Rating Act, and the ascertainment of the date on which rates become duo and payable, the Judge in the Lower Court having held that date to be the date of the individual notice given to the ratepayers, ias opposed to the date stated in the public notice of the striking of the rates.

The Court of' Appeal to-d a y, by a majority of three Judges to two, allowed the appeal, Justices My er s, Blair and Kennedy holding the latter date to be the one contemplated by the section, and Justices Hci’dman and Fair the former cL te.

A writ of prohibition was accordingly issued against the Council to prevent the enforcement by it of the judgment obtained aga nst the appellants insofar as that judgment contravened Section 77, a« construed. Costs were allowed for appellant.