Investors win rates case against Mackay Regional Council
OWNERS of investment properties in Mackay who took Mackay Regional Council to court over a rates increase have won their case.
The Supreme Civil Court judgment handed down this afternoon saw in favour of property owners who argued that the council issued a rates increase on investment properties last year based on irrelevant factors.
One of their arguments was that the council increased rates based on an individual's financial circumstances, rather than the value of the land itself.
Justice Duncan McMeekin agreed with this argument.
"A rational exercise of the power vested in the Council should not have the result that the amount of rates paid in respect of a given parcel of land should vary dependent upon its owner from time to time," he said in his judgment.
"That suggest that the decision reached was arrived at in an impermissible way."
The council's and investment property owner's barristers have been ordered to meet to finalise recovery of costs within seven days.
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