Chanter v Mayor, Councillors and Burgesses of the Town of Williamstown [1919] HCA 56

172 HIGH COURT

[HIGH COURT OF AUSTRALIA.]

CHANTER . . ' ' . ' : . APPELLANT; DEFENDANT,

AND

THE MAYOR, COUNCILLORS AND BUR- GESSES OF THE TOWN OF WILLIAMS-; ResponpEnts. RO WNGwe 3 5 CoMPLAINANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. or A. Local Government—Streets on private land—Formation by Council—Recovery of cost

1919. 'from adjoining owner—Sale of adjoining land by owner—No notice to Council— Sy Liability of vendor and purchaser—Special leave to appeal—Local Government MErBOURNE, —Act_1915 (Vict.) (No. 2686), secs. 526, 527, 528, 707. Osh Sec. 526 of the Local Government Act 1915 (Viet) authorizes the council of see Ol municipality to form, &c., streets set out on private property and to recover 'Gavan' Duty the cost of the work from the owners of premises fronting, adjoining or abutting

thereon. Sec, 527 requires a council in such a case to prepare specifications and plans, an estimate of the cost, and a scheme of distribution showing the amount chargeable to each person intended to be made liable. Sec. 528 provides that "(1) Only such of the owners of premises fronting adjoining or abutting on any street " &c. "as by themselves or their tenants have the right to use or commonly do use the same shall be liable to pay any por- tion of the cost of any works executed by the council of any municipality under the powers contained in this Division with respect to such street" &e. Sec, 707 provides that '* Notwithstanding any sale or conveyance of any property in any municipal district the former owner thereof shall remain answerable to the municipality for all rates moneys and other liabilities which may accrue due by or be imposed upon the owner of such property as such before such former owner has given notice in writing of such sale . . . tothe municipal clerk . . . But nothing in this section shall