Owners of multiple assessments – all overdue ready for legal action

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  • #19069
    Ann Crowe
    Participant

      Cessnock City

      Hi RPs, I have a vague memory of a discussion some years ago about taking legal action on owners of multiple assessments. My memory indicates that Council should, in order to minimise the legal costs to the ratepayer, combine all the matters into one action. But I can’t remember whether this was suggested as good practice, or actually covered by legislation or regulations.
      However, Section 712 (2) Of the LGA states that “all rates and charges payable by the same person, whether in respect of the same or of different land, MAY be recovered in a single action”.
      So my question is, should I combine multiple assessments owned by the same entity into one legal action – and if so under what legislation – or can I take individual action on each assessment?
      Appreciate a prompt reply,
      Ann

      #19071
      Michelle Jones
      Participant

        Greater Taree City

        We join together Debt recovery action where the exact same ratepayers own multiple properties with the same mailing addresses. If one property is jointly owned by 2 or more but another property is solely owned by only of those people then we do different Debt recovery cases with their own legal costs.

        #19070
        David Simons
        Spectator

          Hi Ann

          Michelle is on the ball (though different mailing addresses would not be an issue).

          Section 712(2) is relevant (All rates and charges payable by the same person, whether in respect of the same or of different land, may be recovered in a single action.):

          http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s712.html

          Regards

          David

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