- Protester rejects court’s rates ruling
- By SEAN FORD
- 13/08/2015 Make a Comment
- Contributed by: Slavic ( 1 article in 2015 )
FLOODING GRIEVANCE: Michael Nibbs wants to take his rates claim to the Federal Court.
DEVONPORT rates rebel Michael Nibbs wants to take his legal fight with the Devonport City Council all the way to the Federal Court.
Mr Nibbs says he is refusing to pay his rates until, in his words, ‘‘they provide me documents that they are acting within the law [to charge rates]’’.
He was defeated in the Magistrates Court and, on Wednesday, in the Supreme Court.
Supreme Court Justice David Porter found the council was legally able to charge Mr Nibbs rates and ordered that he pay the council’s legal costs.
However, Mr Nibbs said yesterday he still did not intend paying until the council proved to him it had the legal power to charge him rates.
Justice Porter addressed that issue in his judgment, but Mr Nibbs said he did not find the judgment sufficient to convince him the council was in the right.
‘‘I have not got a problem with paying rates if they can show how it applies to me,’’ Mr Nibbs said.
He claimed state Attorney-General Vanessa Goodwin was refusing to answer his letters.
He said he was trying to contact the Federal Court.
Mr Nibbs said the issue started when he bought a property and the council was meant to improve stormwater infrastructure nearby.
He said the drains became blocked in storms and damaged his driveway, but the council said it was ‘‘not our concern’’.
He said that made him wonder why he was paying rates and that ‘‘kicked off’’ the dispute.
Council general manager Paul West said: ‘‘Flooding issues experienced along Sheffield Road, Spreyton, in 2013 were the result of blocked Department of Energy, Infrastructure and Resources [DIER] drain lines in the area.’’
‘‘There was some confusion at the time that the flooding was caused by council works to extend kerb and channelling along Sheffield Road.
‘‘However, this was not the case.
‘‘Since the blockage was rectified by DIER [now the Department of State Growth] there have been no further flooding issues.’’
Mr Nibbs says he is refusing to pay his rates until, in his words, ‘‘they provide me documents that they are acting within the law [to charge rates]’’.
He was defeated in the Magistrates Court and, on Wednesday, in the Supreme Court.
Supreme Court Justice David Porter found the council was legally able to charge Mr Nibbs rates and ordered that he pay the council’s legal costs.
However, Mr Nibbs said yesterday he still did not intend paying until the council proved to him it had the legal power to charge him rates.
Justice Porter addressed that issue in his judgment, but Mr Nibbs said he did not find the judgment sufficient to convince him the council was in the right.
‘‘I have not got a problem with paying rates if they can show how it applies to me,’’ Mr Nibbs said.
He claimed state Attorney-General Vanessa Goodwin was refusing to answer his letters.
He said he was trying to contact the Federal Court.
Mr Nibbs said the issue started when he bought a property and the council was meant to improve stormwater infrastructure nearby.
He said the drains became blocked in storms and damaged his driveway, but the council said it was ‘‘not our concern’’.
He said that made him wonder why he was paying rates and that ‘‘kicked off’’ the dispute.
Council general manager Paul West said: ‘‘Flooding issues experienced along Sheffield Road, Spreyton, in 2013 were the result of blocked Department of Energy, Infrastructure and Resources [DIER] drain lines in the area.’’
‘‘There was some confusion at the time that the flooding was caused by council works to extend kerb and channelling along Sheffield Road.
‘‘However, this was not the case.
‘‘Since the blockage was rectified by DIER [now the Department of State Growth] there have been no further flooding issues.’’
Source: https://www.theadvocate.com.au/story/3279062/protester-rejects-courts-rates-ruling/?cs=87
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