Chanter v Mayor, Councillors and Burgesses of the Town of Williamstown

The case of *Chanter v Mayor, Councillors and Burgesses of the Town of Williamstown* involved an application for special leave to appeal to the High Court of Australia. The appellant, Oliver Chanter, sought to appeal a decision of the Supreme Court of Victoria, which had discharged an order nisi to review a decision of a Court of Petty Sessions. The dispute concerned the recovery of costs for street formation work undertaken by the Williamstown Council from Mr. Chanter, who was the owner of land abutting the street.

The central legal issues before the courts were whether the appellant, as the purchaser of land, was liable for the cost of street formation works carried out by the council after the sale but before notice of the change of ownership was provided to the council. Specifically, the court had to determine the application and interplay of sections 526, 527, 528, and 707 of the *Local Government Act 1915* (Vic.). These sections govern a council's power to form streets on private property, the requirements for preparing schemes and estimates, the criteria for owner liability, and the continued liability of a former owner for rates and other liabilities despite a sale.

The Supreme Court, upholding the decision of the Court of Petty Sessions, found that the appellant was liable. The reasoning hinged on section 707 of the *Local Government Act 1915*, which provides that a former owner remains answerable for liabilities accruing before notice of sale is given to the municipal clerk, without exonerating the new owner. The Supreme Court concluded that if the original owner, Emily Thompson, was liable under sections 526-528, then section 707 effectively transferred that liability to the appellant in the absence of proper notice. The High Court, in refusing special leave to appeal, indicated that it was under the impression that the Supreme Court's decision was correct and that the appellant had not established sufficient merits to warrant a full appeal.