Kyogle Shire Council v Muli Muli [2005] NSWCA 4

Reported Decision : 62 NSWLR 361 141 LGERA 343

New South Wales Court of Appeal

CITATION: Kyogle Shire Council v Muli Muli [2005] NSWCA 4

HEARING DATE(S): Wednesday 19 January 2005

JUDGMENT DATE: 16 February 2005

JUDGMENT OF: Ipp JA at 1; Tobias JA at 2; Brownie AJA at 54

DECISION: (1) Appeal allowed; (2) Orders made by Cowdroy J on 6 February 2004 be set aside; (3) Declare that the respondent's appeal to the Land and Environment Court constituted by the filing of its Application on 3 September 2003 was made more than 30 days after service upon the respondent of the subject rates and charges notice; (4) Order that the Application filed on 3 September 2003 be dismissed; (5) Order the appellant pay the respondent's costs of the summons for leave to appeal and of the appeal

CATCHWORDS: PRACTICE AND PROCEDURE - Service of council rates - Service by posting - Time at which service is effected - Whether s 710 Local Government Act 1993 provides for both the modes and time of service - Whether s 76(1) Interpretation Act 1987 applies to determine time of service - CONSTRUCTION AND INTERPRETATION - "Contrary intention" - Interpretation Act 1987 s 5(2)

Local Government Act 1993 LEGISLATION CITED: Interpretation Act 1987 Interpretation Act 1897

Hewitt v Lester Corporation [1969] 1 WLR 855 Deputy Commissioner of Taxation v Taylor [1983] 2 NSWLR 139 CASES CITED: Deputy Commissioner of Taxation v Gruber (1998) 43 NSWLR 271 McClelland v Amcil Industries Pty Limited [1983] 1 NSWLR 615 Elsediek v Barri, 30 April 1987, Hunt J (unreported)

Kyogle Shire Council PARTIES: Muli Muli Local Aboriginal Land Council