UNPAID RATES

Nelson Evening Mail, Volume XLVIII, Issue XLVIII, 19 February 1913, Page 7

UNPAID RATES

TEST CASE AT WELLINGTON". /OsiiSD Press Association.) WELLINGTON, Feb. 18 A test case concerning rates . was brought before Mr. Justice 'Chapman at the Supreme Court this morning on a summons removed from th-e Magistrate's Court. The plaintiff was the Wellington City Corporation, and the defendants were Hamilton Gilmer, M.L.C. ; Allan Mrtguire, settler; John O'Kane, clerk; Charles Perrin Skerret, K.C., solicitor; Mary Ann MeArd'te, settler—all of Wellington. The defendants, il. was set out in the statement of claim, are the owners of the Trocadero Private Hotel, upon which the sum of £3O 13s 10d .is due for electric heat, light, and power supplied pursuant to the provisions of the Hating Act, 1908. The City Council on Ist- June, 1912, depianded this amount, which it was claimed was recoverable as a separate Tats the o\ynen& of the property. The demand was not complied with, arid' an action to recover the amount was therefore brought- by the Corporation., The 'defendants, for whom Sir John Findlay appeared, disputed the Corporation's right to recover the amount as a. separate rate. Sir John Findlay stated that the question, for the 'Courtwas : Is a municipal corporation which owns or controls a gas or an 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 jifi'bt. heat, or" powpj- when th<? t-fenaiit-liad failed tp'pay ? Mr. -O'S'Hea-, the city solicitor, con tended that under the Municipal Corporations Act, and the Eating Act, the City Council possessed the power to en force this as a separate rate against th*» landlord, and the amount, was recover able in the same way as other rates. Decision was reserved.