High Court of Australia
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85 C.L.R.] OF AUSTRALIA. 159
[HIGH COURT OF AUSTRALIA.]
SALVATION ARMY (VICTORIA) PROPERTY) pee oa TRUST . 3 E 3 i ; Je PPELLANT ;
DEFENDANT,
AND
PRESIDENT, COUNCILLORS AND RATE. PAYERS OF THE SHIRE OF FERN $Resvonpenr. TREE GULLY
CoMPLAINANT,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Local Government—Rating—Exemption—Land used exclusively for charitable H.C. or A. purposes — " Haclusively" — " Charitable" — Local Government Act 1946 1951-1952.
(No. 5203) (Vict.), 8. 249 (1) (6) (ix). aee 51. The appellant was the registered proprietor of certain lands situate within yfernounnn,
the municipal district of the respondent shire. The lands were used for the Oct, 10, 12. purpose of conducting a boys' training farm for delinquent boys and homes for Taen difficult, wayward or underprivileged boys. As part of the activities of the x aes h a training farm, pigs and cattle were raised, fruit and flowers were grown, and
a herd of milking cows was kept and milked. The produce of the farm was sold, realizing an annual sum of approximately £4,000. 'This sum was applied Bl iliams," in reduction of the costs of conducting the farm and the boys' homes, which Fullagar JJ- were in fact conducted at a loss.
Held that the lands were used " exclusively for charitable purposes " within the meaning of the Local Government Act 1946 (Vict.), s. 249 (1) (b) (ix).
Nunawading Shire v. Adult Deaf & Dumb Society of Victoria, (1921) 29 C.L.R. 98, distinguished.
Held, also, by Dixon, Williams, Webb and Fullagar JJ. (McTiernan J. dissenting), that in s. 249 (1) (6) (ix) the word " charitable " is to be understood in its technical legal sense.
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