Minister for Public Works (NSW) v Peisley [1922] HCA 53

Minister for Public Works (NSW) v Peisley [1922] HCA 53

Where a drainage trust imposes a rate and a Police Magistrate on appeal reduces or annuls rates for some occupiers, the Magistrate must, under sec. 55(4) of the Water Act 1912 (N.S.W.), increase rates for other occupiers so the total sum fixed by the trustees is not reduced.

Parties
Applicant, Appellant: The Minister for Public Works for New South Wales; Respondents: Peisley and others
Jurisdiction
Australia
Judgment Date
14 December 1922
Procedural Posture
Appeal / High Court of Australia; on Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed; order appealed from discharged; order nisi for mandamus made absolute.
Legal Topics
Drainage Trusts, Apportionment of Rates, Police Magistrate's Jurisdiction, Mandamus, Interpretation of Water Act 1912 (n.s.w.)
Local Government Law Administrative Law Drainage Trusts Apportionment of Rates Police Magistrate's Jurisdiction Mandamus Interpretation of Water Act 1912 (n.s.w.)

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Parties

The Minister for Public Works for New South Wales

Applicant, Appellant

Peisley and others

Respondents

Procedural Posture

Appeal / High Court of Australia; on Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether under sec. 55(4) of the Water Act 1912 (N.S.W.), the Police Magistrate is required to apportion the amount by which he reduces or annuls rates among other occupiers so that the total sum required by the trust is not diminished.

Ratio Decidendi

Where a drainage trust imposes a rate and a Police Magistrate on appeal reduces or annuls rates for some occupiers, the Magistrate must, under sec. 55(4) of the Water Act 1912 (N.S.W.), increase rates for other occupiers so the total sum fixed by the trustees is not reduced.

Court Disposition

Appeal allowed; order appealed from discharged; order nisi for mandamus made absolute.

Orders

  • Order discharged from Supreme Court below.
  • Mandamus to the Police Magistrate to increase the rates on occupiers other than those whose rates were reduced, so that the total sum is not diminished.