In the matter of an application for a writ of mandamus against Sir Edward Cain (Commissioner of Taxation): ex parte Evatt.
Judges: Barwick CJMcTiernan J
Gibbs J
Stephen J
Mason J
Court:
High Court of Australia (Full Court)
McTiernan J.: I agree that the rule nisi should be discharged.
In my opinion
Sutton
v.
F.C. of T.
(1958) 100 C.L.R. 518
is an appropriate precedent on which to base the decision in the matter.
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