Waterhouse & 2 Ors v Chief Commissioner of State Revenue & Anor [1999] NSWSC 108

Waterhouse & 2 Ors v Chief Commissioner of State Revenue & Anor [1999] NSWSC 108

On balance, and in the interest of justice, it is convenient to determine the preliminary questions set out by the defendants, subject to parties formulating statements of agreed and disputed facts; plaintiff's opposition does not outweigh benefits in narrowing controversy and saving costs.

Parties
1st Plaintiff: Martin Otto Waterhouse; 2nd Plaintiff: William John Waterhouse; 3rd Plaintiff: Julie Patricia Waterhouse; 1st Defendant: Chief Commissioner of State Revenue; 2nd Defendant: Willoughby City Council
Jurisdiction
Australia
Judgment Date
24 February 1999
Procedural Posture
Preliminary Determination of Questions of Law / Preliminary Hearing
Outcome
Preliminary questions to be determined; costs awarded against plaintiffs
Legal Topics
Land Tax, Council Rates, Limitation Period, Unjust Enrichment, Trespass, Fiduciary Duty, Negligence
Taxation Law Local Government Law Civil Litigation Land Tax Council Rates Limitation Period Unjust Enrichment Trespass +2 more

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Parties

Martin Otto Waterhouse

1st Plaintiff

William John Waterhouse

2nd Plaintiff

Julie Patricia Waterhouse

3rd Plaintiff

Chief Commissioner of State Revenue

1st Defendant

Willoughby City Council

2nd Defendant

Procedural Posture

Preliminary Determination of Questions of Law / Preliminary Hearing

Legal Issues

  1. 1 Whether plaintiffs' failure to exercise statutory rights precludes relief
  2. 2 Whether Limitation Act 1969 bars the claims
  3. 3 Whether plaintiffs can claim for periods prior to their registration as proprietors

Ratio Decidendi

On balance, and in the interest of justice, it is convenient to determine the preliminary questions set out by the defendants, subject to parties formulating statements of agreed and disputed facts; plaintiff's opposition does not outweigh benefits in narrowing controversy and saving costs.

Court Disposition

Preliminary questions to be determined; costs awarded against plaintiffs

Orders

  • Order in accordance with paragraph (1) of the first defendant's notice of motion filed 8 January 1999
  • Order in accordance with paragraph (1) of the second defendant's notice of motion filed 14 January 1999