NORMAN MEL ASHTON in his capacity as Joint and Several Deed Administrator of OLD FERRY CO PTY LTD (subject to Deed of Company Arrangement) v ROTTNEST ISLAND AUTHORITY

[2007] WASCA 20

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Corporations
2. › Administration
3. › Proof of debt
4. › Rejection of proof of debt
5. › Appeal under s 1321 Corporations Act 2001 (Cth)
1. Statutory Interpretation
2. › Subordinate legislation
3. › Rottnest Island Regulations 1988 (WA)
4. › Admission fees
5. › Obligation to collect and remit
6. › Whether registered owner liable where lessee collected fees
7. › Meaning of 'owner'
8. › Inclusive definition
9. › Multiple owners
10. › Rottnest Island Regulations 1988 (WA), regs 3, 5, 6

Quick Take

Where a vessel has multiple 'owners' under the inclusive definition in reg 3 of the Rottnest Island Regulations 1988 (WA), only the owner who actually collected admission fees from passengers is obliged to remit those fees to the Authority and is liable under reg 6(3) for any failure to remit. The registered owner of a vessel leased to another entity is not liable for fees collected by the lessee but not remitted.

Case Details

Citation[2007] WASCA 20

CourtWASCA

JurisdictionWestern Australia

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on1

2005Rottnest Island Authority v Norman Mel Ashton (In his capacity as joint and several deed administrator of Old Ferry Co Pty Ltd)WASC 238

Create free account

Already have an account? Sign in