Newcastle City Council v Gippsreal Limited [2016] NSWDC 455

Newcastle City Council v Gippsreal Limited [2016] NSWDC 455

Gippsreal conceded that as mortgagee in possession entitled to rents it was an owner under the Local Government Act 1993. It was liable for current rates under s 560(1) and, by s 571(3), for arrears owing in respect of the land even if some arrears predated its status as owner. The rates notice sufficiently identified the relevant owners, was sent by prepaid post to Gippsreal's postal address, and was validly served so as to levy the rates. There was no genuine factual dispute about the arrears, the proposed amended defence was manifestly hopeless, and leave to amend would be futile.

Jurisdiction
Australia
Judgment Date
07 November 2016
Procedural Posture
Civil Proceedings for Recovery of Outstanding Rates / Defendant's Motion for Leave to Amend Defence and Plaintiff's Application for Summary Judgment or Striking Out of the Defence
Outcome
Defendant's motion dismissed; judgment entered for the plaintiff for $420,565.10; defendant ordered to pay costs; stay granted for 14 days.
Legal Topics
['summary Judgment' 'pleadings Amendment' 'striking Out Defence' 'recovery of Rates' 'mortgagee in Possession' 'service of Rates and Charges Notice']
['civil Procedure' 'local Government Law'] ['summary Judgment' 'pleadings Amendment' 'striking Out Defence' 'recovery of Rates' 'mortgagee in Possession' 'service of Rates and Charges Notice']

Case Brief

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Procedural Posture

Civil Proceedings for Recovery of Outstanding Rates / Defendant's Motion for Leave to Amend Defence and Plaintiff's Application for Summary Judgment or Striking Out of the Defence

Legal Issues

  1. 1 ['Whether Gippsreal should be granted leave to amend its defence.' 'Whether Council was entitled to summary judgment under Uniform Civil Procedure Rules 2005 r 13.1 or striking out of the defence under r 14.28.' 'Whether Gippsreal, as mortgagee in possession, was liable for rates and charges including arrears levied before it became an owner.' 'Whether the rates and charges notice was validly addressed and served so as to levy rates under the Local Government Act 1993.']

Ratio Decidendi

Gippsreal conceded that as mortgagee in possession entitled to rents it was an owner under the Local Government Act 1993. It was liable for current rates under s 560(1) and, by s 571(3), for arrears owing in respect of the land even if some arrears predated its status as owner. The rates notice sufficiently identified the relevant owners, was sent by prepaid post to Gippsreal's postal address, and was validly served so as to levy the rates. There was no genuine factual dispute about the arrears, the proposed amended defence was manifestly hopeless, and leave to amend would be futile.

Court Disposition

Defendant's motion dismissed; judgment entered for the plaintiff for $420,565.10; defendant ordered to pay costs; stay granted for 14 days.

Orders

  • ["Dismiss the defendant's motion for leave to amend." 'Judgment for the plaintiff in the sum of $420,565.10.' "Defendant pay the plaintiff's costs." 'Grant a stay of these orders for 14 days.']