HIGH COURT OF AUSTRALIA
. Barwick C.J., McTiernan, Menzies, Gibbs and Stephen JJ.
PARRAMATTA CITY COUNCIL v. PESTELL.
24 November 1972
Local Government (N.S.W.)
Local Government (N.S.W.)—Local rate—Validity—Power to impose where in council's opinion work or service would be of special benefit to a portion of its area to be defined or described—"Special benefit"—Omission of allotments from defined portion—Validity—Definition by "metes and bounds"—Local Government Act, 1919 (N.S.W.), as amended, s. 121 (1)—Local Government Ordinance 5, cl. 28 1/2 (b).
Decisions
1972, November 24.
The following written judgments were delivered:-
BARWICK C.J. Section 121 of the Local Government Act, 1919 (N.S.W.) (the Act) empowers the council of a municipality or shire to make and levy a local rate. The section is in the following terms:
"121. (1) For or towards defraying the expenses of executing any work or service or for or towards repaying with interest any advance made by the Minister or debt incurred or loan raised in connection with the execution of any work or service where, in either case, such work or service in the opinion of the council would be of special benefit to a portion of its area to be defined as prescribed, the council of a municipality or shire may make and levy a local rate on the unimproved capital value or on the improved capital value of ratable land within such portion. (1A) For or towards meeting any liability transferred to the council of a municipality or shire consequently upon the alteration of the boundaries of the area, the council may make and levy a local rate on the unimproved capital value or on the improved capital value of the ratable land added to the area. (2) The council of a municipality or shire may by notice in the Gazette from time to time define part of the area to be known as a 'town improvement district' within which a 'town improvement local rate' may be levied under the provisions of this section." (at p308)
2. On 22nd July 1968 the Council of the City of Parramatta (the Council) purported to exercise the power given by s. 121 (1). It resolved:
"That a Local Rate of one (1) cent in the $ on the Unimproved Capital Value be made and levied for the year 1968 on all rateable land in the portion of Dundas Ward described in the Schedule annexed hereto, the proceeds of such rate to be used for or towards defraying the expenses of the construction of roads, kerbing and guttering, concrete footpaths, drainage and the general embellishment of the area, such works and services being in the opinion of the Council of special benefit to such portion of the area and that such be known as the Rydalmere Industrial Area Local Rate."The schedule annexed to the minute of the resolution described a large area, being part of the Dundas Ward of the local government area of the appellant Council, by metes and bounds but excluded out…
Keep reading for free
Create a free CaseChat account to read Parramatta City Council v Pestell and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [1972] HCA 59
- Decision Date
CaseChat Overview and Summary
The High Court of Australia was required to determine whether the Council had a right to recover the costs of the works from the respondent. Specifically, the Court had to consider whether the works undertaken by the Council fell within the scope of "work done in relation to a street" as contemplated by the relevant provisions of the Act, and if so, whether the Council had complied with the procedural requirements for recovering such costs.
The Court held that the works undertaken by the Council, which involved the construction of a concrete footpath and kerb along the frontage of the respondent's land, constituted "work done in relation to a street". The Court reasoned that the purpose of the works was to improve the street and its amenities for public use, and that the respondent's land directly benefited from these improvements. The Court further found that the Council had substantially complied with the procedural requirements of the Act, and that the respondent was liable to pay the costs of the works.
The High Court dismissed the appeal and affirmed the decision of the Supreme Court of New South Wales, ordering that the respondent pay the costs of the appeal.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.