High Court of Australia
R.) OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.)
COUNCIL OF THE MUNICIPALITY OF | 2 BANKSTOWN i ' 'i : : at APPELLANT ;
PLAINTIFF,
AND
. REsPonpDENT. DereNDANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Government—Rates—Action to recover rate—Defences that may be taken— Invalidity of rate—Local rate—Power to make— Service '—Removal of night- soil—Local Government Act 1906 (N.S.W.) (No. 56 of 1906), secs. 74, 103, 146, 154—Local Government (Amending) Act 1908 (N.S.W.) (No. 28 of 1908), sec, 14.
any proceeding by a council to recover the amount of any rate
the plaintiff must, in the event of a notice of defence or plea being filed, prove —(a) the amount of the rate; (b) that the prescribed notice has been duly given of the valuation ; (c) that the prescribed notice has been duly given to paythe rate. . . . (3) In any such proceeding to recover the amount of any rate the defendant shall not be allowed to raise any question of law or fact except as to a matter which by this section the plaintiff must prove, 'or except that he is not the owner, lessee, licensee, or tenant, as the case may be, of the land subject to the rate."
Held, that the word "rate" in sec. 146 means a rate which the council has power under the Act to make; and, therefore, that notwithstanding the Provisions of the section the defendant may set up the defence that the rate was not one which the council had power to make.
Sec. 103 of the Local Government Act 1906 (substituted by sec. 14 of the Local Government (Amending) Act 1908) provides that "(1) A council may
See. 146 of the Local Government Act 1906 (N.S.W.) provides that (1) In"
H. C. or A.
1919. eS BANKSTOWN Monicrpau Counc v Frier.
HIGH COURT
fix, with the approval of the Governor, and may recover from the pe whom or on whose order any service is réndered by the council, in purs
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