Shire of Ashburton v Bindibindi Community Aboriginal Corporation

The Shire of Ashburton sued the Bindibindi Community Aboriginal Corporation to recover rates levied on a parcel of land. The defendant claimed it was not liable to pay rates on the ground that it was not the owner of the land, that the land was not rateable because it was used for charitable purposes, or that it was not rateable because it was the property of the Crown and used for a public purpose. The court held that the defendant was liable to pay rates as the owner of the land, but that it was exempt from rating because the land was used exclusively for charitable purposes. The court also held that the plaintiff did not have the power to impose rubbish collection charges on the defendant. The defendant was therefore entitled to judgment.