Oliver v Kempsey Shire Council [1988] NSWLEC 152

Land and Environment Court of New South Wales

CITATION : Oliver v Kempsey Shire Council [1988] NSWLEC 152 APPLICANT Oliver PARTIES : RESPONDENT Kempsey Shire Council FILE NUMBER(S) : 30033; 30034; 30035 of 1988 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1919 Waddell J. in Fennell v. Wyong Shire Council (1975) ; Hope v. Bathurst City Council (1980) ; Hinton v. Hornsby Shire Council (1970); Bistern Pty. Ltd. v. Penrith City Council (1977) ; Ryde Municipal Council v. Macquarie University (1978) ; Southern Riverina County Council v. Lewington (1963) ; CASES CITED: Simpson v. Wingecarribee Shire Council (1963) ; Power v. Southern Riverina County Council (1965); Ulan Coal Mines Limited v. Mudgee Shire Council (1988); Hope v. Bathurst City Council (1980) ; Ferguson v. Federal Commissioner of Taxation (1979); Fairway Estates Pty. Ltd. v. Federal Commissioner of Taxation (1972) ; Dolus Pty Ltd. v. Wyong Shire Council (1975) DATES OF HEARING: DATE OF JUDGMENT: 12/06/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: There are 3 appeals (by consent heard together) under s.118(7) and s.133(2) of the Local Government Act 1919 in respect of the levy of rates for the 1988 rate year on three separate parcels of land owned by the Applicant situate in Kempsey. The three parcels of land are known as Portions 22, 27 and 83 Parish of Berangi, contain areas of some 8 hectares, 6.75 hectares and 4 hectares respectively and are located between Yabsley Lane and Bruce's Lane north of Crescent Head Road and situate a few kilometres removed from Kempsey township.