High Court of Australia
H.C. or A. 1917. = SyDNey,
August 23.
Barton, Isaacs and Rich JJ.
HIGH COURT ar,
[HIGH COURT OF AUSTRALIA.)
THE COUNCIL OF THE MUNICIPALITY OF KATOOMBA : 5 E a ee
AND
THE KATOOMBA AND LEURA GAS an PANY LIMITED AND ANOTHER .
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Local Government—Rental charge—Pipes laid under streets—Statutory avi Permission of council—Local Government Act 1906 (N.S.W.) (No. 56 of 1
Katoomba Lighting Act 1890 (N.S.W.), sec. 2.
By sec. 209 of the Local Government Act 1906 (N.S.W.) it is provided "(1) A council" of a municipality "may make a fair rental charge persons who have laid or erected, or may, with the couneil's permissi or erect, pipes, wires, cables, or rails, on, under, over, or through the and other places under the control of the council."
By sec. 2 of the Katoomba Lighting Act of 1890 (N.S.W.) certain p (called " the promoters") and their assigns were authorized and empow from time to time to erect and construct certain buildings and app for the purpose of making and supplying gas, and for all such purposes to and break up the soil of the streets within a certain municipal district, lay pipes thereunder.
Held, that the Council were not empowered by sec. 209 of the Local @ ment Act 1906 to impose a rental charge upon the respondents, who
followed and applied.
OF AUSTRALIA. 293
cision of the Supreme Court of New South Wales: Katoomba Municipal H. C. or A. cil vy. Katoomba and Leura Gas Co., 17 8.R. (N.S.W.), 139, affirmed. 1917. SS
= Z Karoon L from the Supreme Court of New South Wales. cai
juant to the authority and powers conferred by the Katoomba beer
g Act 1890 the Katoomba and Leura Gas Co., who were the pea of the persons designated in that Act " the promoters," Gas Co. Lr. pipes under the streets within the Municipal District of
oomba. Eleven miles of such pipes were laid before 1st January
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