HOPE v THE BATHURST CITY COUNCIL [No 3] [1994] NSWCA 139

HOPE v THE BATHURST CITY COUNCIL [No 3] [1994] NSWCA 139

On the facts as found by the primary judges, there was no error of law in concluding that the land was not mainly used for grazing as a business with a significant and substantial commercial character, and therefore there was no entitlement to the reduced rate; further, settled authority should not be reopened in the absence of special circumstances.

Parties
Appellant: I Hope; Respondent: The Bathurst City Council
Jurisdiction
Australia
Judgment Date
06 September 1994
Procedural Posture
Appeal / Judgment on Appeal From Land and Environment Court
Outcome
Appeals dismissed with costs
Legal Topics
Rates and Taxes, Statutory Interpretation, Precedent, Judicial Procedure
Local Government Law Administrative Law Rates and Taxes Statutory Interpretation Precedent Judicial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

I Hope

Appellant

The Bathurst City Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Land and Environment Court

Legal Issues

  1. 1 Whether the appellant's land was 'rural land' or 'farm land' for the purposes of obtaining a beneficial rate under the Local Government Act for the relevant years.
  2. 2 Whether there was an error of law in the application of statutory definitions as to the dominant use of land.
  3. 3 Whether the settled authority (Hope v The Bathurst City Council [No 2]) should be reopened.

Ratio Decidendi

On the facts as found by the primary judges, there was no error of law in concluding that the land was not mainly used for grazing as a business with a significant and substantial commercial character, and therefore there was no entitlement to the reduced rate; further, settled authority should not be reopened in the absence of special circumstances.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals against the orders of Cripps J in the Land and Environment Court dismissed with costs.
  • Appeals against the orders of Bignold J in the Land and Environment Court dismissed with costs.