Clarence City Council has lodged an appeal to the Full Court of the Federal Court over the Court’s decision in December dismissing claims against the Commonwealth and Hobart International Airport Pty Ltd (HIAPL) in relation to payment and calculation of equivalent rates.
Clarence City Council Mayor Brendan Blomeley said council is pursuing an appeal based on advice from Senior Counsel.
“After considering the legal advice, council resolved at its meeting on Monday night to take up its right to appeal to the Full Court against the decision,” Mayor Blomeley said.
The Federal Court had been asked by Clarence City and Northern Midlands Councils to make declarations relating to the level of rate equivalent payments the owners of Launceston and Hobart Airports were required to pay and to which part of their properties the rates should apply.
The two councils also argued that commercial activities undertaken on Commonwealth land were rateable in accordance with the national competition policy principles and the terms of the leases between the Australian Government and the respective airport operators.
“Both councils argued that businesses operating on Commonwealth property leased by airport owners should not have a financial advantage over businesses operating outside the airport lease,” Mayor Blomeley said.
“Given this is an active case we don’t have anything further to say at this point other than we believe strongly that this is about equity and fairness for the people of Clarence – ideals worth fighting for” Mayor Blomeley said.