NSW Caselaw
New South Wales Supreme Court
CITATION : Cassaniti v McEntee & Anor [2001] NSWSC 1156 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20494/98 HEARING DATE(S) : 27 November 2001 JUDGMENT DATE : 14 December 2001
Sam Peter Cassaniti (Plaintiff)
PARTIES : Alan McEntee (First Defendant)
Comonwealth of Australia (Second Defendant) JUDGMENT OF : Master Harrison
Mr T Molomby with Mr M Thangaraj COUNSEL : (Plaintiff)
Mr A Bell (Defendants) Stoikovich Banfield Macri (Plaintiff) SOLICITORS : Crown solicitors (Defendant)
CATCHWORDS : Separate determination of liability - Part 31 r 2 - alleged misfeasance in public office LEGISLATION CITED : Taxation Administration Act - ss 8XA & 8XB Income Administration Act - s 16 Idoport Pty Ltd & Anor v National Bank Ltd & Ors [2000] NSWSC 1215 CASES CITED : Tepko Pty Ltd v Water Board [2001] HCA 19; 75 ALR 775 Nominal Defendant v Niko Cencic [2001] NSWCA 69 Northern Territory v Mengel (1996) 185 CLR 307 DECISION : (1) Paragraph (2) of the plaintiff's notice of motion filed 26 October 2001 is dismissed; (2) The plaintiff is to pay the defendants' costs.
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IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION MASTER HARRISON FRIDAY, 14 DECEMBER 2001 20494/98 - SAM PETER CASSANITI v ALAN McENTEE
Judgment (Separate determination of liability – Part 31 r 2; alleged misfeasance in public office)
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