Croydon Corporation v Oldaker    Highways – Street works – Recovery of expenses – “Owner in default” – Public Health Act
1875 (c 55), ss 150, 257 – Croydon Corporation Act 1884 (c cxli), s 39.
By the Croydon Corporation Act 1884, s 39, it is provided that whenever the corporation put
in force the provisions of the Public Health Act 1875, s 150, “they may before themselves
executing any works as therein provided recover in a summary manner the amount of the
estimated cost thereof from the owners in default.” On 27 June 1935, the local authority
served a notice, under the Public Health Act 1875, s 150, upon the respondent, under the
Croydon Corporation Act 1884, s 39, demanding payment of certain sums in respect of the
estimated cost of the works, which works had not then been executed. The respondent refused
to pay any part of the amount claimed and the local authority thereupon on 20 December
1935, lodged a complaint claiming payment. The magistrates were of opinion that there could
be no default until the expiration of the time given in the notice to repair, and that as at the
expiration of that time the respondent was no longer the owner of the premises, the
respondent was not the “owner in default” within the Croydon Corporation Act 1884, s 39,
and they held that he was not liable to pay the amount claimed. The local authority
appealed:—