New South Wales Consolidated Acts New South Wales Consolidated ActsWithin thirty days after the last publication of such notice as aforesaid, any owner of property assessed in such assessment book, or his attorney or agent, may give notice in writing to the Town Clerk of his intention to appeal to the Supreme Court against:
(I) The inclusion of his property within the said improvement area, or
(II) The proportions in which the cost of such improvement with interest thereon as aforesaid, have been notified as chargeable on the property owners within the said area and the City Fund respectively, or
(III) The amount or share of the contribution at which such owner has been assessed towards the aggregate contributions of the whole of such owners.Provided that no such owner as aforesaid may appeal against the inclusion of his property within the improvement area, if such property abuts on or has a frontage to Moore-street, as authorized to be widened by this Act. The Supreme Court shall hear and determine every such appeal, and may make such order in respect to the matter, and to the costs to be paid by the appellant or the respondent, as to such Court shall seem just, and every such order may be enforced in the same way as a judgment of the said Court, and shall be absolutely final and conclusive. And such Court shall be lawfully constituted by the sitting of any Judge of the said Court, with or without two assessors, to be appointed by such Judge, but without a Jury. And the Judge by whom any such appeal shall be heard shall not have power to direct a reference to arbitration of any matter or question raised by such appeal. The giving of notice of appeal as herein provided shall not discharge any appellant from his liability under this Act until the appeal shall be determined, but the Council shall refund together with interest thereon at five pounds per centum per annum to the appellant any sum which the Court shall declare to have been paid to the Council without authority or in excess of the proper amount.