[Lee Howard]

We have a ratepayer who has not paid any rates for a couple of years due to a dispute with Council over a boardwalk constructed over wetlands which encroached on his property. From our perspective the matter has now been resolved and the boardwalk has been moved. However he has advised he is about to issue proceedings against Council and he will take injunctive proceedings should we take action to recover the overdue rates. Does anyone know of any court cases in regard to withholding rates that we could refer to?

Thanks

[John Towers]

Hi Lee,

Probably doesn’t really answer your question but I think Sec 712 provides advice towards an answer.

The LGA does not provide any opportunity for someone not to pay rates except if the property is non rateable & even that cannot be argued as a defence if Council commences action to recover outstanding R&C’s.

The customer can raise an argument if they so desire but it is then a matter for the court as to whether they accept it or not.

Interestingly, Sec 36 VLA allows Council to recover outstanding amounts even though an objection has been lodged & not determined.

JT

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