TRECAP PTY LTD and CITY OF SWAN

In the case of TRECAP PTY LTD and CITY OF SWAN, the applicant sought a review of the respondent's decision to disallow their objection to the rate record for certain lots. The dispute centred on whether there were errors in the rate record concerning the identity of the owner, the interpretation of "in possession", and the accuracy of the characteristics of the land. The matter was heard in the Supreme Court of Western Australia.

The court was required to determine several legal issues, including whether the registered proprietor of leased land was considered the "owner" for the purposes of the rating, the meaning of "in possession" in the context of the rating, and whether the characteristics of the land recorded in the rate record were accurate. The applicant argued that the registered proprietor should not be considered the owner and that "in possession" should be interpreted as requiring actual possession. They also contended that the recorded characteristics of the land were incorrect.

The court held that the registered proprietor of the leased land was indeed the "owner" for rating purposes. It further found that "in possession" did not necessarily require actual possession but could encompass a broader, more technical meaning. The court also concluded that the characteristics of the land recorded in the rate record were accurate. Consequently, the application for review was dismissed, and the respondent's decision to disallow the applicant's objection was affirmed.

The final orders of the court were that the application for review was dismissed and that the decision of the respondent to wholly disallow the applicant's objection to the rate record in respect of the specified lots for the 2005/2006 financial year was affirmed.