Wingecarribee Shire Council v Reynolds [1966] HCA 41

High Court of Australia Barwick C.J. McTiernan, Taylor, Windeyer and Owen JJ. Wingecarribee Shire Council v Reynolds [1966] HCA 41

ORDER Appeal allowed with costs. Order of the Supreme Court varied by substituting for the answers given by the Supreme Court the following answers to questions 2 and 4 of the case stated by the Land and Valuation Court:

Question 2. If the answer to question (1) above is in the affirmative, whether the respondent council had power to re-determine or vary the said area at a later point of time?

Answer. The opinion of the council formed at or prior to its application for the Governor's approval of the loans did not and does not preclude the council from forming its opinion as to the area to which the works of water supply would be of special benefit at the time at which it from time to time exercises the discretion given to it by s. 124 to levy a local loan rate for the repayment of the loans which were raised for such works and of payment of interest thereon.

Question 4. Whether the area to be benefited within the meaning of s. 124 (4) must be decided upon and defined by the council at the time when the loan is raised and not at any later date.

Answer. No.

and by setting aside the order for costs and substituting therefore an order that the appellant's costs of the stated case be paid by the respondent.

Cur. adv. vult.

The following written judgments were delivered:—

June 2 Barwick C.J.

In the year 1948 the Council of the Shire of Wingecarribee (the council) made an agreement with the Minister for Public Works of the State of New South Wales under which the Minister agreed to construct works of water supply principally to supply a number of towns within the shire, and by which it was agreed that the cost of the works should be provided as to part by a grant of public moneys by the State and as to the other part by moneys provided by the council.