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Carrying on a business

Assadourian v RTA [2011] NSWSC 1052. Rothman J.

18 There is little doubt that much authority can be found on the meaning of a term "carrying on a business" which authority suggests that, while the term must be construed in a particular context of the statute in which it is used: NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 at 116 [66]; Actors and Announcers Equity &c v Fontana Films (1982) 150 CLR 169 at 184, in its ordinary meaning it signifies a course of conduct involving the performance of repeated acts, or a course of conduct, even if it is the first act in an intended course of conduct, being a form of commercial enterprise with a view to profit: see Fairway Estates v FCT (1970) 123 CLR 153 at 163Re Griffin; Ex Parte Board of Trade (1890) 60 LJQB 235 at 237; Hungier v Grace [1972] HCA 42; (1972) 127 CLR 210JS McMillan Pty Ltd & Ors v Commonwealth of Australia [1997] FCA 619; (1997) 77 FCR 337 at 354; Hyde v Sullivan (1956) SR (NSW) 113; Hope v Bathurst City Council [1980] HCA 16; (1980) 144 CLR 1 at 8-9; Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd; Carelli v FS Architects Pty Ltd [2008] NSWCA 39, per Campbell JA (with whom McColl JA and Handley AJA agreed).

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