[Simone Fisher]

Hi everyone,
We have a property that has been held in our records in Church ownership for as far back as I can go & they have been happily paying rates forever. Interestingly its also held in the VG’s records in the Church’s ownership but recent searches with LPI & a Crown Lands historical search have confirmed that the property is a crown reserve & has never been in the church’s ownership or trust. The church are now wanting their money back.
Just wondering if anyone has ever had a similar issue & if you refunded the ratepayer?
Thank you for your help.
Simone

[Michael Olthof]

G’day Simone,

I haven’t had this situation before, but I think I would be investigating the Limitation Act 1969 section 15. I interpret it to mean you need (only) refund 6 years of overpaid rates.

http://www5.austlii.edu.au/au/legis/nsw/consol_act/la1969133/

Maybe someone else has a definitive answer?

Regards, MO.

[Darryl Telfer]

Not definitive but maybe relevant?

Recovery of Imposts Act 1963 http://www5.austlii.edu.au/au/legis/nsw/consol_act/roia1963247/

– provides a time limit of 12 months from date of payment.

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