26 Sept 2006
BRYAN V OPOTIKI DISTRICT COUNCIL HC TAU CIV-2006-470-703
- Citation
- openlaw-dc0c451d_ae13_4b48_a50c_260e5126ea6d.pdf
- Court
- High Court
Leave to appeal out of time was granted on the grounds of res judicata and the liability issue being arguable, but on the merits the appeal was dismissed: remission/postponement defence failed because no application had been made and criteria were not met; res judicata did not apply because the earlier proceeding decided occupancy not ownership; and statutory scheme and authority impose personal liability on current registered owner for rates arrears that accrued prior to acquisition.
- Rates and rating liability
- Remission and postponement of rates
- Summary judgment
- Res judicata / estoppel per rem judicata
- Appeal time extension
- Liability for pre-acquisition arrears