Water Board v Moustakas

The High Court of Australia considered the dispute between the Water Board and Moustakas concerning the latter's claim for compensation under the *Water Board (Charges) Act 1979* (NSW). Moustakas sought to recover charges paid to the Water Board, alleging that the Board had failed to provide a supply of water to his property.

The central legal issue before the Court was whether the Water Board was under a statutory obligation to supply water to Moustakas's property, and if so, whether its failure to do so entitled Moustakas to recover the charges paid. This involved an interpretation of the relevant provisions of the *Water Board (Charges) Act 1979* (NSW) and the *Water Board (Charges) Regulation 1981* (NSW).

The Court reasoned that the statutory scheme did not impose an absolute obligation on the Water Board to supply water to every property. Instead, the obligation was conditional upon the property being connected to the Board's reticulation system and the payment of the prescribed charges. As Moustakas's property was not connected, the Board had no obligation to supply water, and therefore, Moustakas was not entitled to recover the charges paid. The appeal was accordingly dismissed.