Jump to content
SAU Community

Recommended Posts

'Zac, you movin to Gladstone? the 'line staying down here? i can't imagine it would be too 'line friendly up there?

no im working up there for a couple of weeks... teh white whale 33 has been there before :(

im moving to rocky if the company is despirate enough to cave to my demands :P

Whenever I dwell for any length of time on my own shortcomings, they gradually begin to seem mild, harmless, rather engaging little things, not at all like the defects in other people's characters.

Whenever I dwell for any length of time on my own shortcomings, they gradually begin to seem mild, harmless, rather engaging little things, not at all like the defects in other people's characters.

ok then...

Anyone want to do this and save me the effort...

Case summary: Wonderland was a busy adventure theme park, The Park attracted bus many tourists. At least 30 buses a day would arrive; all disgorging tourists who were wealthy and spent a large avg per person.

Local Council had passed a by-law that charged businesses in the Council’s jurisdiction with a ‘Bus Road Use Fee’. A business was required to pay the Council $20 per bus carrying tourists arriving specifically at a business premises. The purpose of the fee was to assist in road maintenance throughout the Council’s district.

Wonderland paid the fees for each bus arrival over a period of two years. Wonderland factored the fee in its pricing for its entrance fees.

Nameless person, the daughter of the CEO of Wonderland, had recently graduated from law school. She discovered that Wonderland paid these fees to the Council. She was suspicious that the payment was wrong. Through her diligent research, she discovered that the Greedy Council was ultra vires in passing the ‘Bus Road Use Fee’ by-law.

Wonderland have decided to take the Council to task for demanding the payments made for each bus arrival.

Advise on the liklyhood of success and what recompense if any might the company receive?

Anyone want to do this and save me the effort...

Case summary: Wonderland was a busy adventure theme park, The Park attracted bus many tourists. At least 30 buses a day would arrive; all disgorging tourists who were wealthy and spent a large avg per person.

Local Council had passed a by-law that charged businesses in the Council’s jurisdiction with a ‘Bus Road Use Fee’. A business was required to pay the Council $20 per bus carrying tourists arriving specifically at a business premises. The purpose of the fee was to assist in road maintenance throughout the Council’s district.

Wonderland paid the fees for each bus arrival over a period of two years. Wonderland factored the fee in its pricing for its entrance fees.

Nameless person, the daughter of the CEO of Wonderland, had recently graduated from law school. She discovered that Wonderland paid these fees to the Council. She was suspicious that the payment was wrong. Through her diligent research, she discovered that the Greedy Council was ultra vires in passing the ‘Bus Road Use Fee’ by-law.

Wonderland have decided to take the Council to task for demanding the payments made for each bus arrival.

Advise on the liklyhood of success and what recompense if any might the company receive?

Is this for civil remedies?

Anyone want to do this and save me the effort...

Case summary: Wonderland was a busy adventure theme park, The Park attracted bus many tourists. At least 30 buses a day would arrive; all disgorging tourists who were wealthy and spent a large avg per person.

Local Council had passed a by-law that charged businesses in the Council’s jurisdiction with a ‘Bus Road Use Fee’. A business was required to pay the Council $20 per bus carrying tourists arriving specifically at a business premises. The purpose of the fee was to assist in road maintenance throughout the Council’s district.

Wonderland paid the fees for each bus arrival over a period of two years. Wonderland factored the fee in its pricing for its entrance fees.

Nameless person, the daughter of the CEO of Wonderland, had recently graduated from law school. She discovered that Wonderland paid these fees to the Council. She was suspicious that the payment was wrong. Through her diligent research, she discovered that the Greedy Council was ultra vires in passing the ‘Bus Road Use Fee’ by-law.

Wonderland have decided to take the Council to task for demanding the payments made for each bus arrival.

Advise on the liklyhood of success and what recompense if any might the company receive?

please explain some terms for me matty... ultra vires?

but from what i can tell, since wonderland has already factored the the extra expence into admission prices they have been passing the brunt of the cost onto the paying patrons, so for them to have a case they will have to inform all affected priviouse customers, they really dont have a case cos they didnt bear the brunt of the cost bu instead passed it onto the customers, the resulting could actually mean they have to lower their admistion fee as the council will not be able to apply the tax...

well that how i see it lol buit i dont really know the leagal system....

please explain some terms for me matty... ultra vires?

but from what i can tell, since wonderland has already factored the the extra expence into admission prices they have been passing the brunt of the cost onto the paying patrons, so for them to have a case they will have to inform all affected priviouse customers, they really dont have a case cos they didnt bear the brunt of the cost bu instead passed it onto the customers, the resulting could actually mean they have to lower their admistion fee as the council will not be able to apply the tax...

well that how i see it lol buit i dont really know the leagal system....

Wrong, but good effort :P It's all to do with unjust enrichment...the customers have nothing to do with it as they paid the admission price to Wonderland and didn't pay any fee to the council directly. The fee was payed by Wonderland hence why they are suing.

Jade said find the answer to this :P

Remedies -Tutorial 7, Week 8

Reading: Covell & Lupton, Chapter 4

Question 1

a) Sparks Electrical Pty Ltd [sparks] manufactured electronic components for aeroplanes. Sparks employed 120 workers. Of these, 20 were experts in their field. The experts were not on the Sparks’ payroll as they were independent contractors. They billed Sparks for their services. The contractors did, however, work on the Sparks’ premises.

Greedy Local Council had passed a by-law that charged businesses in the Council’s jurisdiction with an “Use Road Fee”. The manufacturer or business was required to pay the Council $1000 per annum for each worker that attended the business premises. The purpose of the fee was to assist in road maintenance throughout the Council’s district.

Sparks paid the fees for its 120 workers over a period of five years. Bright Spark, the director’s daughter, had recently graduated from law school. She discovered that Sparks paid this fee to the Council. She was suspicious that the payment was wrong. Bright also learned that 20 of the workers were not “workers” as defined by the Council’s by-law. The by-law defined a worker as an emloyee of the company. Because the contractors were true independent contractors they would be exempted from the by-law.

Bright and the Company decided to take the Council to task for taking the payments made for the independent contractors. Will she succeed? What recompense might she recover for the company?

b) Through her diligent research, Bright discovered that the Greedy Council was ultra vires in making the “Use Road Fee” by-law. Does this make any difference to her case?

this is the big question I have no f*ckin idea how to answer....3000 words on this....

“Nowhere under Queensland law is the age-old tension between ‘principle, policy and rule’ better illustrated than in its approach to police powers over individuals”

Billy Billshut, prospective Liberal candidate for the State seat of Bundamindah, 14 January 2007.

Do you agree with the suggestion that ‘police powers over individuals’ provide a fertile source of material for a study of the “policy, principle, rule” trilogy? Illustrate your answer with copious numbers of examples.

Guest
This topic is now closed to further replies.



  • Similar Content

  • Latest Posts

    • A few small updates since the previous post and lessons. I decided to do a little interior light upgrade on the 110. I quite like the iilumo items, even if they're a bit of a premium over other brands. You'll also note the Stedi Fogs, that will go into the S15 fog lights as I needed to match the bulbs since I got the new ones earlier. I hope they fit as the body is quite a bit longer than your normal bulb.  Annoyingly, I managed to trip the fuse, which normally wouldn't be an issue until I located the fuse. I can't say I've ever come across this. I had lucked out that someone nearby had a spare, but oddly enough Toyota dealerships seem to keep this in stock. I ordered some to keep in my stash and as luck would have it, someone else nearby tripped the same fuse so I passed on the favour.  I also did a little service on the 110 ahead of some additional work coming up. It's been annoying that Goleby's stopped carrying this particular HKS filter for the 110, so now I need to keep them on order from Japan. I also took the opportunity to install a bash plate and number plate riser. The plate riser is such a cheap but nice fix to help really tidy up the car. I'm tempted to now also replace my headlights, on this car. Both items were from Project Aero.    I also needed to replace the rear tyres on the 110, and after trying to get it aligned learnt that I need to replace some bushes in the front end, so that's next.  Closing out this update with a nicer picture as always! 
    • Yeah mate, never miss it.
    • Any going to watch World Time Attack at SMSP this year?
    • Appreciate the correction on the "ground", that will make a huge difference to looking at this. That makes complete sense about AF70/AF71 which is what I had come down to being the issue, one of these. I'll have another look in the ignition wiring when I get a chance next week. I'll also make up a jumper wire for running that AF73 test.  ECU is fine, relay itself is fine, pump harness is fine and the pump itself is fine. I am going to upgrade the Walbro 255 anyway with a DW300 I have since I need to replace the fuel sender and I'm going to upgrade the FPR with my chasebays kit ready for new plenum/injectors/dbw, but I'll get this working first. That's why this is so frustrating. 
×
×
  • Create New...