Mackay investors gear up for council rates legal challenge

Alistair WalshOctober 27, 2013

Mackay investors may start a class action law suit against the council for levying higher rates against property investors.

A protest group headed by investors Ayril Paton and Peter Crossan have petitioned against the council’s move to increase rates by $200 to $500 a year for investor properties.

There is reportedly more than $20,000 in a trust fund ready to bankroll a possible law suit.

“We're waiting to try and raise enough funds before we take the (Mackay) council on,” Crossan told the Central Telegraph.

“We delivered about 1200 objections to the council about a month ago and they said they couldn't change the budget for this year and it was a fair chance they wouldn't change it for the next year.

“If we're successful I'm sure it will flow onto other councils. By doing this it will probably set a precedent.”

It reports 12 councils have adopted the new rates policy, including the Central Highlands council which raised $1.2 million from the levy in one year.

Crossan says any legal challenge would be based on Xstrata's win against the former Bowen council, in which a judge ruled the miner had been rated as a multi-billion dollar entity and not on its true land value.

Mackay council have imposed the new rates system on about 10,000 properties.

Harcourts principal and property owner Mandy Hall previously told the paper it would deter people from investing in the region.

“We should be trying to encourage people to buy in our region, not discourage them," she said. "Their timing is poor, with the market the way it is at the moment and landlords are achieving less rent than they have achieved in years.”

 

Rents in Mackay have reportedly dropped between $50 and $100 over the past six months.

Alistair Walsh

Deutsche Welle online reporter

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