Rural Bank of New South Wales v Council of the Shire of Bland [1947] HCA 28

Rural Bank of New South Wales v Council of the Shire of Bland [1947] HCA 28

The Rural Bank of New South Wales, as mortgagee in possession of conditionally purchased land, is liable to be rated as 'owner' under the Local Government Act 1919-1945 (NSW). The exemptions provided in s.132(1)(g) do not apply because the land is not 'owned by the Crown' nor is it 'vested' in the statutory body; a mortgagee in possession does not have absolute title. The statutory body’s capacity as mortgagee in possession does not bring the land within the exemptions to ratability. The appeal is therefore dismissed.

Parties
Appellant; Defendant: Rural Bank of New South Wales; Respondent; Plaintiff: The Council of the Shire of Bland
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia, on Appeal From the Supreme Court of New South Wales (full Court)
Outcome
Appeal dismissed
Legal Topics
Ratability of Land, Liability for Rates, Crown Immunity, Mortgagee in Possession
Local Government Law Statutory Interpretation Ratability of Land Liability for Rates Crown Immunity Mortgagee in Possession

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Parties

Rural Bank of New South Wales

Appellant; Defendant

The Council of the Shire of Bland

Respondent; Plaintiff

Procedural Posture

Appeal / High Court of Australia, on Appeal From the Supreme Court of New South Wales (full Court)

Legal Issues

  1. 1 Is the Rural Bank of New South Wales, as mortgagee in possession and a statutory body representing the Crown, liable to be rated as 'owner' under the Local Government Act 1919-1945 (NSW)?
  2. 2 Does section 132(1)(g) of the Local Government Act exempt such land from rating?

Ratio Decidendi

The Rural Bank of New South Wales, as mortgagee in possession of conditionally purchased land, is liable to be rated as 'owner' under the Local Government Act 1919-1945 (NSW). The exemptions provided in s.132(1)(g) do not apply because the land is not 'owned by the Crown' nor is it 'vested' in the statutory body; a mortgagee in possession does not have absolute title. The statutory body’s capacity as mortgagee in possession does not bring the land within the exemptions to ratability. The appeal is therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.