Meriton Apartments Pty Limited v Council of the City of Sydney (No 3)

[2011] NSWLEC 65

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. STATUTORY CONSTRUCTION:- whether the phrase "the cost to the council of providing the service" only includes direct costs
1. TAXATION:- whether the fees were for services provided by the council or whether they had the character of taxes
1. RESTITUTION:- whether, if unlawfully charged, Meriton was precluded from recovering the fees because they had been passed on - whether, if unlawfully charged, Meriton could recover the fees while retaining the benefit received from the council for their payment