High Court of Australia
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REPORTS OF CASES
DETERMINED IN THE
HUGH COURT OF AUSTRALIA
{HIGH COURT OF AUSTRALIA.]
MAYOR, COUNCILLORS AND CITIZENS OF ieee THE CITY OF ESSENDON é i
AND
CRITERION THEATRES LIMITED AND
OTHERS } DrrenDANTs.
Constitutional Law (Cth.)—Taxation of Commonwealth by State—Municipal rates— H.C. ov A. Land in temporary occupation of Commonwealth—Acquisition of " property" — 1947. " Property . . . belonging to the Commonwealth" —The Constitution (63 & ee 64 Vict. c. 12), 88. 51 (axei.), 114. MELBOURNE,
Mar. 14, 17, Statute—Construction—Presumption of intention not to bind the Crown—State statute— 18; Application to the Crown in right of the Commonwealth. June 2:
Local Government (Vict.)—Rates—Liability imposed on " every person who occupies Latham C.J. i m » Rich, Dixon,
=. « rif the occupier isthe Crown . . . the owner of" ratable properly— McTiernan and
Land occupied by the Commonwealth for defence purposes—Liability of the Com. Wiliams 35.
'monwealth as occupier—Liability of owner—Local Government Act 1928 (Vict.)
(No. 3720), 8. 265 (b).*
The Local Government Act 1928 (Vict.) provided, by s. 265 (b), that municipal rates should be levied "upon every person who occupies . . . or if the occupier is the Crown . . . then upon the owner of" ratable property.
Held, by Latham C.J., Dizon, McTiernan and Williams JJ. (Rich J. dissent- ing), that " the Crown" meant the Crown in right of the State of Victoria, so that, where ratable property was occupied by the Commonwealth, the liability for rates was not imposed on the owner of the property.
* See, now, Local Government Act 1946 (No. 5203), s. 265 (b).
H. C. oF A.
1947. Ye
EssENDON Corrora- TION ca CRITERION 'THEATRES Lrp.
HIGH COURT [1947.
Held, further, that, where the Commonwealth had occupied land under reg. 54 of the National Security (General) Regulations, it was not ratable under s. 265 (b) as being within the expression " every person who occupies" ratable property, because—
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