Nette v Howarth [1935] HCA 22

ON 3O APRIL 1935, the High Court of Australia delivered Nette v Howarth [1935] HCA 22; (1935) 53 CLR 55 (30 April 1935).

Per Evatt and McTiernan JJ:

“The word “pay” includes the remuneration granted to the holder of a rank or office in the case where he is relieved from the actual performance of the duties of the office. In this sense it includes the half-pay of a military officer. A characteristic of a payment which answers the description “pay” is that the payee receives it on account of the occupancy of some office, rank or employment.”


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