CLAIM MADE FOR RATES.

New Zealand Herald, Volume LXIV, Issue 19762, 8 October 1927, Page 13

CLAIM MADE FOR RATES.

COUNCIL SUES MORTGAGEE. CASE FOR APPEAL COURT. [BY TELEGRAPH,—PRES3 ASSOCIATION.! WELLINGTON. Friday. The Court of Appeal /was engaged today hearing a esse stated for its opimon in which tite chairman, councillors and inhabitants of the County of Waitomo were plaintiffs and John Hamilton Miles, of Wellington (solicitor), defendant* Defendant was, or is, the first mortgagee of 815 acres of land at Kawhia, held by Henry John McPeak and Patrick George McPeak, by lease in perpetuity from the Crown. On November la, 192), the County Council made a demand oa him for £l4O 8s lid rates dne and owing to March 31, 1927, which it held it was entitled to do under section 70 of the Eating Act, 1925, which provides that at the dption of the local authority the first mortgagee of ratable land may be held liable for payment of rates. On April 5, defendant, for no consideration, registered a release of his mortgage over the land. The 1 question for the opinion of th® Court was whether defendant -was, or is, the first mortgagee of a ratable property within the meaning of section 70 of the Rating Act, 1925, and, as such, liable for the payment of rates. The Court of Appeal has reserved its decision.