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Whoretown - Now Interest Free

Squizz

By Squizz,
in Queensland

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Captain Natro
Captain Natro

I never said that... Bout to head down to forest lakes in the abomination, to go and see the oldies

luke gtr
luke gtr

car is booked for zorst!

t5iv
t5iv

You still have to come. You just aren't welcome in my house. Stand outside with a CB radio

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Konrad Grand Master

Konrad

Posted
Posted
'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

R33S2 Grand Master

R33S2

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Posted

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.

Keegs Grand Master

Keegs

Posted
Posted
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...

Keegs Grand Master

Keegs

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Posted

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?

shnaped_second Mentor

shnaped_second

Posted
Posted
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?

phatboi2010 Grand Master

phatboi2010

Posted
Posted
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....

Keegs Grand Master

Keegs

Posted
Posted
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.

shnaped_second Mentor

shnaped_second

Posted
Posted

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?

Keegs Grand Master

Keegs

Posted
Posted

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.

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