An obligation to repay 'the amount received' under an employment termination payment deed encompasses the full gross amount including tax withheld by the employer and remitted to the ATO, not merely the net amount received in hand. However, pre-judgment interest on the withheld tax component should be confined to the interest actually paid by the ATO on its refund, where the payee could not obtain the refund without the employer's cooperation.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
3 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.