DEBTOR FOR RATES

Dominion, Volume 37, Issue 13, 11 October 1943, Page 4

DEBTOR FOR RATES

Protection Of Servicemen (By Telegraph.—Press Association.) DUNEDIN, October 8. The protection accorded a serviceman under the Debtors’ Emergency Regulations, 1940, against proceedings under the Rating Act tvas discussed in the Supreme Court by Mr. Justice Kennedy in a judgment delivered in an application by the Dunedin City Corporation for a mandamus to the registrar to give notice to a debtor that the corporation had obtained judgment for rates against a property owner, which judgment was not fully satisfied. The corporation tendered a certificate under the Act recording the judgment and the amount owing, and required the registrar to give notices under the Act. The debtor was a'member of the forces when the certificate Avas tendered and the registrar declined to receive the certificate because leave to exercise power of sale had not been obtained. The. question, at issue was whether the certificate of judgment might be received and notices lawfully given without leave of the Court beinq obtained. His Honour held that the first act in the case was that of the corporation, but all subsequent acts were, in fact, acts by the registrar. For the continuance and completion of such acts leave must be obtained where a debtor became a member of the forces or filed a notice. It followed that-the registrar should have received a certificate of judgment and given notices under the Act, although no leave to exercise power of sale had been obtained, but no further steps might lawfully have been taken thereafter without leave of the Court.