000			01528cab a2200265 4500
001			ABS53866
008			090401t1995 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u7012
041			_aeng
245			_aSargent v Customs & Excise Commissioners
260			_c1995
350			_a0
490			_aRating & Valuation Reporter _v(1995) 35(9) RVR 168-171(4)
520			_aCA 16 February 1995. The plaintiff (S) was appointed as receiver under powers contained in fixed legal charges granted by Lantrex Properties Ltd. over various properties in favour of the State Bank of South Australia, and under the Law of Propetry Act 1925. The company elected to charge the lessees of their mortgaged properties VAT on their rents; which S collected and retained. The defendants (C) made demand for payment of retained VAT by S, who sought direction of the court under Insolvency Act 1986 s35. Held that S was required to account for the VAT personally as the tenants paid it in expectation that S would account for it to C, and that it cannot be right to act in a way as to defeat this expectation. S was also required to account for VAT on behalf of the company, rather than pay an uncovenanted bonus to the bank.
650			_aINSOLVENCY ACT 1986 S35
650			_aLAW OF PROPERTY ACT 1925
650			_aRECEIVERSHIP
650			_aRENTAL INCOME
650			_aRENTS
650			_aSARGENT V CUSTOMS AND EXCISE COMMISSIONERS
650			_aVALUE ADDED TAX
690			_aTAXATION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c4177 _d4177