OVERDUE RATES

New Zealand Herald, Volume LXXII, Issue 22210, 10 September 1935, Page 11

OVERDUE RATES

RIGHTS OF LOCAL BODIES AN INTERPRETATION SOUGHT In order to determine an important question affecting the rights of local bodies to recover overdue rates, an originating summons for interpretation was brought by the Mount ""Albert Borough Council in the Supreme Court yesterday before Mr. Justice Fair. Mr. Rogerson appeared for the Borough Council, Mr. Cocker for the Public Trustee as representing the owners of two properties against whom the council had obtained absentee judgment, and Mr. Meek for the mortgagee of one of the properties that had been sold up by the council The nominal defendant was the registrar of the Supreme Court

Mr. Rogerson said the purpose of the action was to determine the meaning of certain words in sub-section 6 of section 79 of tho Rating Act, 1925. The question whether tho words "any other rate due" would cover any other judgment on the same property was one of vital importance to local bodies throughout New Zealand. Tho short point for tho Court was whether the words "any other rate due" in the sub-section referred to included: (1) Rates in respect of which a judgment had been obtained, and (2) any costs included in such judgment. After hearing legal argument His Honor reserved decision.