Chanter v Mayor, Councillors and Burgesses of the Town of Williamstown [1919] HCA 56

Chanter v Mayor, Councillors and Burgesses of the Town of Williamstown [1919] HCA 56

Special leave to appeal is refused: the High Court is not persuaded there is any error in the decision below or merits justifying a grant of leave, as sec. 707 renders the former owner liable in absence of written notice to council and the statutory procedure was followed.

Parties
Appellant; Defendant: Oliver Chanter; Respondent; Complainant: The Mayor, Councillors and Burgesses of the Town of Williamstown
Jurisdiction
Australia
Judgment Date
30 October 1919
Procedural Posture
Application for Special Leave to Appeal / High Court Application for Special Leave to Appeal From Supreme Court of Victoria
Outcome
Special leave to appeal refused.
Legal Topics
Liability for Municipal Works, Transfer of Land and Notice to Council
Local Government Law Liability for Municipal Works Transfer of Land and Notice to Council

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Oliver Chanter

Appellant; Defendant

The Mayor, Councillors and Burgesses of the Town of Williamstown

Respondent; Complainant

Procedural Posture

Application for Special Leave to Appeal / High Court Application for Special Leave to Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether a former owner of land is liable under sec. 707 of the Local Government Act 1915 for the cost of works imposed after sale but before notice to council
  2. 2 Whether the appellant or the former owner is properly liable under the estimate of cost and scheme of distribution under secs. 526-528

Ratio Decidendi

Special leave to appeal is refused: the High Court is not persuaded there is any error in the decision below or merits justifying a grant of leave, as sec. 707 renders the former owner liable in absence of written notice to council and the statutory procedure was followed.

Court Disposition

Special leave to appeal refused.

Orders

  • Special leave to appeal from Supreme Court of Victoria is refused.