CA 6 March 1990. The ratepayer (D) owned the freehold of 5 flats until 8 March 1983. They became unoccupied on 28 October 1982. Rate demands were served for the period from 1981 to 31 March 1983. Part of the demands were not met. In September 1985 the rating authority (B) issued a winding up petition based on alleged indebtedness including rate arrears on the flats. The petition was withdrawn on D`s undertaking to pay all rates lawfully due. D pointed out that unoccupied rates only became payable if property was unoccupied for continuous period exceeding three months. B stated that the accounts could not be amended at this late stage but that the matter could be put to their Rates Committee to consider a refund but the full amount should be paid first. D wrote to B enclosing the full amount due and requesting a refund. The committee refused. D applied for judicial review but this was dismissed. D appealed. This was dismissed on the grounds that D failed to make the application in due