Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Insurance, Banking, Construction & Government


Sunday, 14 December 2014

Executive Summary (One Minute Read)
Adams v YindjIbarndi Aboriginal Corporations RNTBC (WASC) - corporations - general meeting validly called - declarations (B)
Adams v YindjIbarndi Aboriginal Corporations RNTBC (WASC) - corporations - general meeting validly called - declarations (B)
Weaver v Harburn (WASCA) - corporations law - payment of company funds by director to purchase boat for wife - liquidators' claims upheld - appeal allowed (B)
Summaries With Link (Five Minute Read)
Commissioner of State Revenue v Lend Lease Development Pty Ltd [2014] HCA 51
High Court of Australia
French CJ; Hayne, Kiefel, Bell & Keane JJ
Stamp duty - Authority and Lend Lease made development agreement - Lend Lease agreed to buy parcels of land from Authority and to design, construct and sell buildings on land - agreed that parties would build infrastructure on and around land - transfers of land to be made pursuant to land sale contracts - Lend Lease required by agreement to pay to Authority, not only amounts under contracts, but also other amounts including payments for infrastructure, remediation, and share of gross proceeds received on sale - Commissioner assessed duty under Duties Act 2000 (Vic) according to consideration for each transfer which it determined to be total of sums payable by Lend Lease to Authority under agreement - Commissioner disallowed Lend Lease's objections - Court of Appeal of Victoria allowed appeals - Commissioner appealed - held: transaction recorded in agreement was a single, integrated and indivisible transaction - consideration for transfer of land was performance by Lend Lease of the several promises of payments - Commissioner right to include those amounts in assessments - appeal allowed.
Commissioner of State Revenue (I B C G)
Commissioner of State Revenue v Lend Lease Development Pty Ltd [2014] HCA 51
High Court of Australia
French CJ; Hayne, Kiefel, Bell & Keane JJ
Stamp duty - Authority and Lend Lease made development agreement - Lend Lease agreed to buy parcels of land from Authority and to design, construct and sell buildings on land - agreed that parties would build infrastructure on and around land - transfers of land to be made pursuant to land sale contracts - Lend Lease required by agreement to pay to Authority, not only amounts under contracts, but also other amounts including payments for infrastructure, remediation, and share of gross proceeds received on sale - Commissioner assessed duty under Duties Act 2000 (Vic) according to consideration for each transfer which it determined to be total of sums payable by Lend Lease to Authority under agreement - Commissioner disallowed Lend Lease's objections - Court of Appeal of Victoria allowed appeals - Commissioner appealed - held: transaction recorded in agreement was a single, integrated and indivisible transaction - consideration for transfer of land was performance by Lend Lease of the several promises of payments - Commissioner right to include those amounts in assessments - appeal allowed.
Commissioner of State Revenue (I B C G)
Australian Postal Corporation v Edwards [2014] FCA 1348
Federal Court of Australia
Collier J
Judicial review - respondent suffered workplace injury while employed by applicant - delegate affirmed employer's determination pursuant to Safety, Rehabilitation and Compensation Act 1988 (Cth) it was not liable to pay compensation under ss16 & 19 - AAT found in favour or respondent - AAT preferred medical evidence of surgeon favouring respondent's case over evidence of two surgeons supporting applicant's case - employer appealed - held: not appropriate for Court to determine question of fact for which applicant sought answer - AAT entitled to weigh evidence as it saw fit - conclusions reasonably open on evidence - no failure to give proper consideration to evidence or to take into account that one of the doctors was respondent's treating doctor - decision of AAT not unreasonable or illogical - application dismissed.
Australian Postal Corporation (I G)