Crown Insurance Services Case Analysis

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

The pool cost the petitioner over $19,000, and we cannot accept his contention that such amount was spent primarily for therapy for his leg in view of the limited need for such therapy and the alternatives which were then available.

Parent Corporation owns 85% of the common stock and 100% of the preferred stock of Subsidiary Corporation. The common stock and preferred stock have adjusted bases of $500,000 and $200,000, respectively, to Parent. Subsidiary adopts a plan of liquidation on July 3 of the current year, when its assets have a $1 million FMV. Liabilities on that date amount to $850,000. On November 9, Subsidiary pays off its creditors and distributes $150,000 to Parent with respect to its preferred stock. No cash remain to be aid to Parent with respect to the remaining $50,000 of its liquidation preference for the preferred stock, or with respect to any common stock. In each of Subsidiary’s tax years, less than %10 of its gross

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

First, why did the Western Australian government believe it had a done deal with the Commonwealth that the Bell legislation — which would have cost the Australian Tax Office $300 million in lost tax revenue, as the legislation put the ATO down the queue of creditors of the failed Bell Group — would not be challenged by the Commonwealth? “[T]he Commonwealth’s agreement was critical to the passage of the Bell Act,” WA Treasurer Mike Nahan said in WA Parliament in May. “We had a deal with the Commonwealth that it would not oppose the Bell Act. Despite the deal we thought we had, the Australian Taxation Office thought that it had to have its say in the High Court.”

In this case, Kennedy v NSW Minister for Planning [2010] NSWLEC 129 the plaintiff is identified as Roy “Dutch” Kennedy on behalf of Sandon Point Aboriginal Tent Embassy and the defendant is the NSW Minister for planning . The case was heard in the NSW Land and Environment Court by Justice Biscoe. The applicant is lodging a review, and thus challenging the grounds of the original decision in relation to the legality of an administrative decision by the Minister for the Stockland’s Developments Pty Ltd.

The issue in Samantha case, whether she is an Australian resident for the period of January 2013 until her return in July 2015 required the interpretation of residency definition and any relevant cases that may assist such as Applegate v FCT (1979) and Jenkins v FCT

Furthermore, it was asserted that Ms. Hodges was not engaged in the business of investing, renting, or offering to rent property until March 2011. The taxpayer is not carrying on a trade or business under section §162(a) until the business is functioning as a

The defendant in this case was the Australian government; they claim that the island of Mer as well as other Murry islands belongs to them as crown land. The case was a test case that aimed to clarify the legal rights of the Meriam people. The case lasted for 10 years and a decision was made on the 3rd of June 1992.

(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603

Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties

Was a duty of care owed by The State Of Victoria upon Mr. Ragnarr Loobrok to prevent economic loss due to loss of opportunity?

1 Case study 1: Residence and source Issue It is known that Fred has come to Australia to set up office for his British employer and is accompanied by his wife while his teenage children attend college in London. His home is England is rented in his absence and he has taken a home on lease in Melbourne. Taking into consideration the above information, Fred’s tax residency needs to be determined.

The Minister of Health of Canada has created a new law which targets those who have health concerns due to obesity. This law is meant to deal with the aging population and the increase of cases of obesity. While, also being concerned on age and obesity, the increase of demand for health care became a factor in the creation of this law. The Fat-Tax Law, the maximum waistline size for anyone age 40 and over: 90 centimeters (35.5 inches) for men and 85 centimeters (33.4 inches ) for women. If one surpasses these limits they must be remeasured in 6 months and given a warning. But, the person does not pass a second time, they must pay a higher premium on their provincial health care. Once they pass the measurement test, the y will be able to pay a lower premium. Mr. Big is 56 years old and 50lbs overweight, and he failed the waistline test. For six months, Mr. Big dieted and workout to be able to fit within the accepted range. However, the extreme pressure to lose weight caused Mr.Big to have anxiety and sleeplessness which affected his

The idea that morally dubious goals may be legitimate inside capitalism will be discussed in light of a tax avoidance case study. Apple, a multinational technology company, has avoided paying its fair amount of income tax for years. This paper will consider the structural embeddedness of Apple’s legitimised goal—the maximisation of profit—through the ‘Double Irish Dutch sandwich’ tax haven model. Durkheim’s theory of collective conscience was used in explaining the legitimisation of the company’s profits-driven goal, and how its amorality becomes apparent outside the economical sphere. This paper will also discuss the interconnected nature of the harm and benefits in the deal made between Ireland and Apple. The association between legitimations of Apple’s conduct and its socially challenging behaviour has been analysed to be ambiguous in the letter of the law. The conclusion will shed light on the morally grey area of a company’s responsibility to its shareholders versus the needs of the community.