High Court of Australia
Appl
Pio
;
fate Bank of
Wales 8S ALR6I
408 _ HIGH COURT (1947.
[HIGH COURT OF AUSTRALIA.)
RURAL BANK OF NEW SOUTH WALES . . APPELLANT ; DeEFENDANT,
AND
THE COUNCIL OF THE SHIRE OF BLAND . ResponvEnt. PLarntire,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Local Government—Land—Ratability—Rates—A ssessment—Liability—* Owner "— Statutory body representing the Crown—Mortgagee in possession—Local Govern- ment Act 1919-1945 (N.S.W.) (No. 41 of 1919—No. 21 of 1945), ss. 4, 132 (1) (9), 144,
'The Rural Bank of New South Wales is a statutory body representing the
Crown and as mortgagee in possession of certain conditionally purchased land Hien stare? is, in respect of that land, liable to be rated under s. 144 of the Local Government McTiernan and Act 1919-1945 (N.S.W.), as owner within the meaning of the Act. Section 132 (1) (9) of the Local Government Act does not exempt the Bank from such liability.
So held by Rich, Starke, McTiernan and Williams JJ. (Latham C.J. dissenting).
Decision of the Supreme Court of New South Wales (Full Court): Council of the Shire of Bland v. Rural Bank of New South Wales, (1946) 47 S.R. (N.8.W.) 245; 64 W.N. (N.S.W.) 18; 16 L.G.R. (N.S.W.) 75, affirmed.
Apprat from the Supreme Court of New South Wales.
In an action brought in the District Court of New South Wales by the Council of the Shire of Bland to recover from the Rural Bank of New South Wales the sum of £128 1s. 6d. for rates, arrears of rates and extra charges owing in respect of certain land situate within the shire, and being C.P. 13/12, Portion 10, Parish of Lewes, County
Cooper, Land District of Narrandera, the following facts were proved or admitted :—
74 C.L.R.J OF AUSTRALIA.
1. The said land was held by one George Godber as conditionally purchased land under the provisions of the Crown Lands Consolida- tion Act 1913 (N.S.W.) and was transferred by him to the Govern- ment Savings Bank of New South Wales by way of mortgage in the year 1927.
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