Redland City Council v Kozik [2024] HCA 7

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, STEWARD AND JAGOT JJ

REDLAND CITY COUNCIL APPELLANT

AND

JOHN MICHAEL KOZIK & ORS RESPONDENTS

Redland City Council v Kozik

[2024] HCA 7

Date of Hearing: 13 & 14 September 2023

Date of Judgment: 13 March 2024

B17/2023

ORDER

1. Appeal dismissed with costs.

2. Special leave is granted to the respondents to cross-appeal from the judgment of the Court of Appeal of the Supreme Court of Queensland given on 26 August 2022.

3. Cross-appeal dismissed with costs.

On appeal from the Supreme Court of Queensland

Representation

J M Horton KC with E Hoiberg for the appellant (instructed by Gadens Lawyers)

J T Gleeson SC and A M Hochroth for the respondents (instructed by Shine Lawyers)

R C A Higgins SC with J G Wherrett for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

G J D del Villar KC, Solicitor-General of the State of Queensland, with F J Nagorcka and M J Hafeez-Baig for the Attorney General of the State of Queensland, intervening (instructed by Crown Law (QLD))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Redland City Council v Kozik

Statutes – Construction – Statutory debt – Local government – Special rates and charges – Where appellant empowered by Local Government Act 2009 (Qld) ("Act") to levy special rates and charges in respect of rateable land – Where appellant purported to levy special charges on respondents' land – Where special charges levied pursuant to invalid resolutions – Where respondents paid special charges contained in rate notices – Where regulations made pursuant to Act provided for return of special rates or charges levied on land to which special rates or charges did not apply – Whether provision in regulations providing for return of special charges applicable where resolution levying special rates invalid.