Bank of Western Australia Ltd v. Commissioner of Taxation for the Commonwealth of Australia [1994] FCA 813

JUDGMENT No. snuete Doel snortate

CATCHWORDS

TAXATION - Sales Tax - Exemption from sales tax - whether sales tax payable on goods bought by State banks for their own use — whether State banks "authorities" - whether State banks' expenditure is "exclusively borne by" the State - position of subsidiary of a State bank - Sales Tax (Exemptions and Classifications) Act 1935 (Cth), Sch 1, item 74 ~- Sales Tax (Exemptions and Classifications) Act 1992 (Cth), Sch 1 item 126.

PRACTICE AND PROCEDURE - Federal Judicature - Federal Court of Australia - decision of single judge of the Court - duty of other judges to follow - considerations of "comity".

WORDS AND PHRASES - "Authority" - "Expenditure exclusively borne by".

Sales Tax (Exemptions and Classifications) Act 1935 (Cth) Sales Tax (Exemptions and Classifications) Act 1992 (Cth) Sales Tax Assessment Act (No. 1) 1930 (Cth)

Sales Tax Assessment Act 1992 (Cth)

Rural and Industries Bank of Western Australia Act 1987 (WA) R & I Bank Act 1990 (WA)

State Bank Act 1981 (NSW)

State Owned Corporations Act 1989 (NSW)

State Bank (Corporatisation) Act 1989 (NSW)

(1964) 112 CLR 125

(1978) 139 CLR 288

Postal Commission (1980) 144 CLR 577

{1982] 1 NSWLR 113

Magman International Pty Ltd v Westpac Banking Corporation (1991) 32 FCR 1

GIO v Commissioner of Taxation (1992) 35 FCR 247

Services Federation (1992) 175 CLR 442 Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485

Registrar of tt Accident ¢ ti tril l i i (1993) 178 CLR 145

Nos. NG 990 of 1993, NG 991 of 1993 and NG 992 of 1993

Lindgren J Sydney 4 November 1994

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION

CORAM: PLACE: DATE:

LINDGREN J SYDNEY 4 NOVEMBER 1994

)

NG 990 of 1993 BETWEEN:

BANK OF WESTERN AUSTRALIA LIMITED Applicant

AND:

COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA Respondent