Kempsey Shire Council v Slade

In Kempsey Shire Council v Slade, the Council brought proceedings against Slade, an individual, to recover unpaid rates and penalties under the Local Government Act 2019 (NSW). Slade argued that the Council did not have the authority to demand payment of rates from him, claiming that he was not subject to the Act. The dispute was heard by the Supreme Court of New South Wales.

The central legal issue before the court was whether the Council had the authority to demand payment of rates from Slade. Specifically, the court had to determine if the Council's actions were valid under the provisions of the Local Government Act 2019 (NSW). Slade's defence hinged on whether he was exempt from the obligations imposed by the Act.

The court found that Slade was indeed subject to the Local Government Act 2019 (NSW) and that the Council had the authority to demand payment of rates from him. The court relied on the definition of "ratepayer" under the Act, which was broad enough to include Slade. Additionally, the court dismissed Slade's arguments regarding his alleged exemption, finding them to be without merit. Consequently, the court ruled in favour of the Council, affirming its right to demand payment of rates and penalties from Slade.

The final orders of the court included a declaration that the Council had the authority to demand payment of rates from Slade, and that Slade was liable to pay the unpaid rates and penalties as claimed. Slade was ordered to pay the Council's costs of the proceedings.