CA 13 February 1987. An appeal by Chetnik Developments from the dismissal of an application for judicial review seeking relief from the refusal of the rating authority to repay rates on unoccupied property which the appellant ratepayers had paid under a mistake of law. The authority refused to refund the rates on various grounds. In refusing application for judicial review, the judge held that the authority`s discretion under General Rate Act 1967 s9 was unfettered although it fell within the Wednesbury principles . The judge considered the authority`s decision did not offend against these principles. On appeal by the property company, it was held, reversing the earlier decision, that a rating authority, on receipt of an application for repayment of rates, was bound to take into consideration that the object of s9 was to enable an authority to remedy any injustice which would otherwise arise if they were to keep sums to which the authority had no right, or which the ratepayer was not