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Cases Citing This Decision
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Statutory Material Cited
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Personalised Transport Services Pty Ltd v AMP Superannuation Ltd
[2006] NSWSC 5
Citation 1
…no obligation to make superannuation payments in respect of the relevant drivers who were independent contractors rather than employees. [27] [2006] NSWSC 5 133 Similarly the case the SCT D06-07/129 is distinguishable since the trustee had no contractual entitlement to the mistaken rent it received. 134 The claim…
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David Securities Pty Ltd v Commonwealth Bank of Australia
[1992] HCA 48
Citation 2
…fact owing.[25] Indeed this was fairly conceded by Mr Lovell on behalf of the plaintiff. [25] See David Securities Pty Ltd v Commonwealth Bank (1992) 175 CLR 353 at 380, 392 and 405 130 The allegation of mistake is therefore not made out in the circumstances of this case. 131 The plaintiff has based its claim for re…
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Commonwealth v Verwayen
[1990] HCA 39
Citation 3
…o statute. 151 In these circumstances, there is therefore no detriment on which any estoppel can be based.[33] [33] And see Commonwealth v Verwayen (1990) 170 CLR 394 152 There is also no evidence that the statements in these letters were relied upon so as to entitle the plaintiff to a remedy under s52 of the TPA or…
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BP Refinery (Westernport) Pty Ltd v Shire of Hastings
[1977] UKPCHCA 1
Citation 4
(Para 1)
…(1977) 180 CLR 266 at 283 be so in all cases. Thus, for example, the Commissioner may never become aware of the employer’s failure to make payments. For example, where no guarantee statement is lodged and no audit occurs it is possible that no subsequent assessment is ever raised. An employer may also become insolven…
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Grain Elevators Board (Vic) v Dunmunkle Corporation
[1946] HCA 13
Citation 5
(Para 1)
…9 Act so as to encourage employers to make contributions closer to the original due date.[23] [22] Grain Elevator’s Board v Dunmunkle (1946) 73 CLR 70 [23] Explanatory Memorandum to the 2009 Act at 3.5 112 If the parties had contemplated the term contended for they could have readily provided for it. Given the legi…
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Deputy Commissioner of Taxation v Rathner
[2004] VSC 352
Citation 6
(Para 7)
…er makes contributions at the defined rate by a particular specified time.[12] [12] Master Painters Association of Victoria v Rathner (2004) 211 ALR 316 at [7] 83 Thus in the case of Master Painters Association of Victoria v Rathner[13] the Commissioner had lodged a proof of debt relating to SGC in relation to a comp…