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GAS COMPANY EATING.

GASOMETERS AND MAINSRULING OF COURT SOUGHT. A case important in its application to municipal authorities, bearing on tho i question as to whether a gas company is, liable for rates in respect to its! gasometers and gas mains and pipes laid | in tho public streets, was heard before Mr. Justice Cooper at the Supreme Court yesterday. There is no fixed ruling upon the point in New Zealand, and some companies pay rates while others do not. The plaintiff was the Auckland City Council (Mr. J. Stanton), which sought | to recover from tho Auckland Gas Company, Ltd. (Mr. H. P. Richmond), £1680 13s Bd, alleged to be rates due for tho ' year ended May 31, 1918. • I I The statement of fftfts as agreed on by [ both parties staled that the defendant , company owned freehold properties in Fatteson and Beresford Streets, on which I wero erected certain gasometers and, ! governors in connection with the manu-1 facturo and supply of gas. Up to May 1 i 31. 1917, the properties and the mains and pipes were continuously rated, and the amounts duo were paid by the company. In making a valuation of the properties in 1917, the council included the value of the gasometers, but the company ( contended that the gasometers, mains, 1 and pipes were machinery, and should not be included in the valuation, as they were not ratable property. It, therefore, had refused to pay the rates alleged to he duo. In respect to the rates paid up to and prior to May 31, 1917, the company : asserted that these amounts were paid by ; a mistaki? of law. The council claimed a ; total of £1680 13s Bd, made up as follows:— Land in Patteson Street, with gasometers and woodhouse and mains and : pipes in city streets, £1050; land in | Beresford Street, with gasometer, £321 I 13s 4d; gas mains and pipes in Remuera ' district, £192 16s 8d; mains and pipes i in Eden Terrace area, £22 16s 8d; mains , and pipes in Epsom district, £82 lis ldj i mains and pipes in Grey Lynn district, ; £14 14s 6d. The council also claimed a further sum of £I'6B Is 4d, representing ! : tho usual 10 per cent, penalty. ! In a statement of defence the company denied that it was tho occupier of the /land under which tho mains and pipes aro laid, within the meaning of the Rating Act, 1908. I It was explained that the amount of; the claim had been reduced to £1451 15s j 7d, this not including the 10 per cent. J penalty which tho council was claiming, ' , on account of the company having agreed 1 j to pay the rates on the two sections of i land in Beresford and Patteson Streets, ; and on the house on the property in tho . former street. i The case was confined to legal argument, which was not concluded when the , Court adjourned. I =====

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZH19180723.2.64

Bibliographic details

New Zealand Herald, Volume LV, Issue 16909, 23 July 1918, Page 6

Word Count
486

GAS COMPANY EATING. New Zealand Herald, Volume LV, Issue 16909, 23 July 1918, Page 6

GAS COMPANY EATING. New Zealand Herald, Volume LV, Issue 16909, 23 July 1918, Page 6