A recent ruling in the Administrative Decisions Tribunal in favour of Hayson Group of Companies (“Hayson”), for which Harris & Company acted, has determined that levies imposed under the Parking Space Levy Act are prospective rather than retrospective charges.

This was significant as Hayson had ceased operating its carpark, undertaken construction works and was not collecting any carparking fees.  Despite the fact the site was no longer used for commercial carparking, the OSR still sought to impose a levy proffering the argument that the levies were imposed retrospectively and as such were in respect of the site’s final year of operation.

After reviewing all evidence, the Tribunal made its determination and found in favour of Hayson stating the levy was not enforceable.

The OSR has appealed to the Appeal Panel of the Administrative Decisions Tribunal  and that appeal is expected to take place by the end of the year.

For further information, please contact Harris & Company on (02) 9261 8533