[John Towers]

Hi Darryl,

An interesting conundrum you find yourself with.

Whilst I agree with your sentiments & encourage you to refuse the application in the first instance, I’m not sure you will be successful in the long term if they pursue it further.

The Newcastle Hospital case (even though under the 1919 LGA) would seem to indicate that they occupy etc the land. http://revpronsw.dev.nucleoserver.com/content/uploads/2014/03/Rates-Exemption-City-of-Newcastle-v.-Royal-Newcastle-Hospital.pdf

Also, Joyce v Ashfield MC refers to worship etc, although some of this has been overturned in a more recent case involving the use of a house as a Mosque in Bankstown Council area (2000) House of Peace v Bankstown.

Also when I was at Liverpool we had a case involving the Jehovahs Witnesses – International Bible Students Assoc v LCC- (old LGA again) in which the definitions for what is now 555(1)(e) where expanded by the L&E Court to mean things that I thought they were never meant to mean.

Without knowing the Organisation involved there has been some case law over last 30 years which has changed what were long term ‘understanding’ of what the law intended. There was another case

You might also see what you can find on a case involving Trustees of Marist Brothers & Byron SC in 1983.

Finally if they fail under this section they may reapply under another section eg PBI etc which many organisations have done over the years.

Good luck.

JT