Whiting v Somerset Regional Council

Whiting v Somerset Regional Council involved a dispute between the applicant, Whiting, and the Somerset Regional Council. Whiting owned land which had limited access. The council carried out works that improved the access to the land. Subsequently, the council resolved to impose a special charge on Whiting’s land under section 971 of the Local Government Act 1993 (Qld). Whiting sought a declaration that the council's resolution was invalid and of no effect.

The central legal issue was whether the council's resolution to impose the special charge was valid. Whiting argued that the resolution was procedurally unfair and that the council did not have the power to impose the charge. The council contended that it had the statutory authority to impose the charge and that the resolution was procedurally fair.

The court found that the council's resolution was procedurally unfair as it did not give Whiting an opportunity to be heard before the resolution was made. Furthermore, the court held that the council did not have the power to impose the charge because the works carried out by the council were not for the benefit of the land but for the benefit of the public. The court concluded that the resolution was invalid and of no effect. The court declared that the council's resolution of 25 June 2005 was invalid and of no effect.