The Queensland Supreme Court of Appeals has overruled a previous court decision over a Mount Isa Irish Club $50,000 water rates bill.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The case challenged Mount Isa City Council’s 2016 decision to calculate water charges on a unit basis in accordance with the classification of land with a $202 rate per unit and a $2.60 charge for “water consumed above allocated allowance per kL”.
In December 2017 the Supreme Court agreed with the Irish Club the way Council charged water to its apartments and shop in subsequent rates notices did not comply with the 2012 Local Government Regulation that the charges was “wholly according to the water used”.
However Council appealed the decision on the grounds another clause says the charges may be “worked out” on a basis which includes a fixed amount.
This week the three Appeals Court judges found in their favour saying the Supreme Court had “erred in law” and there was no conflict between the part of the legislation the Irish Club had relied on and the part the Council had relied on.
The Court found in favour of Council and awarded them costs.
Earlier this year MICC had said the case was the driver for them moving to the two-part water tariffs this financial year.
The North West Star has sought comment from Mount Isa City Council.
The Mount Isa Irish Club would not comment.