Hi Adele, I felt my skin crawling while reading your post. Certainly not an enviable situation. If an historical search indicates that Mr A was never the registered proprietor (life tenancy considerations aside), I think it may be difficult to argue that he was ever liable to pay rates under s560. However, his conduct over 14 years indicates that he definitely thought he was liable to pay, indeed that conduct is entirely responsible for the position in which you find yourself. Is Council supposed to contact every ratepayer after every rates payment to confirm that he/she intended to make that payment?? Regarding interest, I would say “no” in principle based on a reading of ss593 & 594. Although different scenarios, both sections refer to refunding excess payments of rates without a whisper of any interest payable by Council. Good luck, and keep us updated.
