000 01463cab a2200181 4500
001 ABS37752
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u6585
041 _aeng
245 _aR v Tower Hamlets LBC ex parte Chetnik Developments Ltd
260 _c1987
350 _a0
490 _aEstates Gazette
_v282(6331) 25 April 1987, 455-460(5)
520 _aCA 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
690 _aRATING AND VALUATION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c3936
_d3936