Hey Adele,
Not sure of all the facts but I have to agree with James on this one for two reasons really:
1. There was never any liability by Mr A to pay the rates in terms of S560,
2. I am no lawyer but I think that decision within David Securities Pty Ltd v Commonwealth Bank of
Australia about unjust enrichment is relevant – the judgement goes along the lines of
“… the payer will be entitled prima facie to recover moneys paid under a
mistake if it appears that the moneys were paid by the payer in the mistaken
belief that he or she was under a legal obligation to pay the moneys or that the
payee was legally entitled to payment of the moneys. Such a mistake would
be causative of the payment.”
Based on these two factors I think Mr A is entitled to restitution for the amounts paid by mistake and that Council has been “unjustly enriched”.
I can’t find any basis for the repayment of interest however.
Cheers
