Slade Bloodstock v Commissioner of Taxation [2007] FCAFC 173

FEDERAL COURT OF AUSTRALIA

Slade Bloodstock v Commissioner of Taxation [2007] FCAFC 173

FRINGE BENEFITS TAX - repayment of loan made by employees to employer – whether 'benefit' – whether 'fringe benefit' – policy and purpose of fringe benefits tax legislation PRACTICE & PROCEDURE – appeal allowed by consent Fringe Benefits Tax Assessment Act 1986 (Cth) ss 148(1), 136(1) SLADE BLOODSTOCK PTY LIMITED v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA VID 206 OF 2007

FINN, KENNY AND EDMONDS JJ

23 NOVEMBER 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 206 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SLADE BLOODSTOCK PTY LIMITED

Appellant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

JUDGES: FINN, KENNY AND EDMONDS JJ

DATE OF ORDER: 23 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders made by Heerey J on 23 February 2007 be set aside and in lieu thereof it be ordered that the appeal from the decision of the Administrative Appeals Tribunal constituted by Dr G Hughes, Member, in applications No. VT 2005/259-261 and given on 31 July 2006 be dismissed. 3. The respondent pay the appellant's costs (including any reserved costs) of this appeal and of the proceeding before Heerey J to be taxed on a party and party basis if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 206 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SLADE BLOODSTOCK PTY LIMITED

Appellant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent