COUNCIL OF THE SHIRE OF MUSWELLBROOK v BROMLEY [1991] NSWCA 64

COUNCIL OF THE SHIRE OF MUSWELLBROOK v BROMLEY [1991] NSWCA 64

Having regard to the way the case was argued below and the fact the key points were not previously raised, this is not an appropriate case for leave to appeal on the definition of 'farm land.'

Parties
Claimant: Council of the Shire of Muswellbrook; Opponent: Bromley
Jurisdiction
Australia
Judgment Date
25 February 1991
Procedural Posture
Application for Leave to Appeal / Court of Appeal, Supreme Court of New South Wales
Outcome
summons dismissed
Legal Topics
Local Government Act 1919, Rates, Definition of Farm Land
Land & Environment Local Government Act 1919 Rates Definition of Farm Land

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
Sign in to unlock

Parties

Council of the Shire of Muswellbrook

Claimant

Bromley

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal, Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the Assessor erred in his understanding of the new definition of 'farm land' under Local Government Act 1919, s 118
  2. 2 Whether leave to appeal should be granted

Ratio Decidendi

Having regard to the way the case was argued below and the fact the key points were not previously raised, this is not an appropriate case for leave to appeal on the definition of 'farm land.'

Court Disposition

summons dismissed

Orders

  • Summons dismissed
  • Claimant to pay opponent's costs