Carney v Hawkesbury Shire Council [1989] NSWLEC 198

Land and Environment Court of New South Wales

CITATION : Carney v Hawkesbury Shire Council [1989] NSWLEC 198 APPLICANT Carney PARTIES : RESPONDENT Hawkesbury Shire Council FILE NUMBER(S) : 30018; 30019 of 1989 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act Azzopardi v. Tasman UEB Industries Limited (1985); Soulemezis v Dudley (Holdings) Pty Limited 1987 10 NSWLR 247; CASES CITED: Sun Alliance Insurance v Massoud 1989 1 VR 8; Housing Commission of New South Wales v Tatmar Pastoral Company Pty Limited 1983 3 NSWLR 378 at 386; Pettitt v Dunkley 1971 1 NSWLR 376.; Stein J in Coles v Woollahra Municipal Council 59 LGRA 133). In Brimbella v Mosman Municipal Council (19 April 1985 Court of Appeal) DATES OF HEARING: 02/11/87, 01/02/88 DATE OF JUDGMENT: 06/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: This is an appeal pursuant to the provisions of s 56A of the Land and Environment Court Act against the decision of an assessor published on 9 November 1988 in matters No 30118/86 and No 30119/86. The present grounds of appeal are that the assessor erred in law in failing to give adequate reasons for his decision.

In 1986 the appellant appealed to the Land and Environment Court against a determination of the Hawkesbury Shire Council that his land was not relevantly "rural land" as defined in Part VII of the Local Government Act and hence not rateable as "rural land". Section 117(7) of the Local Government Act casts the onus of proof upon the ratepayer to establish that his land is "rural land".