Pine Creek Goldfields Ltd v Commissioner of Taxation [1999] FCA 326

FEDERAL COURT OF AUSTRALIA

Pine Creek Goldfields Ltd v Commissioner of Taxation [1999] FCA 326 INCOME TAX – deductions – mining – expenditure incurred by gold mining company to divert highway – whether expenditure capital or of a capital nature – whether expenditure constituted "prescribed mining operations" or "other improvements necessary for carrying on prescribed mining operations" for the purpose of the Income Tax Assessment Act.

Income Tax Assessment Act 1936: s 51(1), Division 10 of Part III, s 122A(1) Hallstroms Pty Ltd v Federal Commissioner of Taxation (1946) 72 CLR 634 cited McLennan v Federal Commissioner of Taxation (1989) 21 FCR 80 cited Sun Newspapers Ltd v Commissioner of Taxation (1938) 61 CLR 337 cited BP Australia Ltd v Commissioner of Taxation [1966] AC 224 referred to John Smith and Son v Moore [1921] 2 AC 13 cited British Insulated & Helsby Cables v Atherton [1926] AC 205 cited Commissioner of Taxes Nchanga Consolidated Copper Mines Ltd [1964] AC 948 cited Steele v Commissioner of Taxation [1999] HCA 7 (unreported, 4 March 1999) cited Denison Mines Ltd v MNR [1976] 1 SCR 245 cited Johns-Manville Canada Inc (1985) 85 ATC 5373 cited Commissioner of Taxation v Mount Isa Mines (1991) 28 FCR 269 referred to Federal Commissioner of Taxation v Snowden & Wilson Pty Ltd (1958) 99 CLR 431 referred to Dampier Mining Co Ltd v Federal Commissioner of Taxation (1981) 147 CLR 408 cited Robe River Mining Co Ltd v Commissioner of Taxation (1989) 21 FCR 1 cited Federal Commissioner of Taxation v Broken Hill Co Ltd (1969) 120 CLR 240 cited

PINE CREEK GOLDFIELDS LIMITED v

COMMISSIONER OF TAXATION NG 1145 of 1997 HILL J 29 MARCH 1999 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1145 OF 1997

BETWEEN: PINE CREEK GOLDFIELDS LIMITED

Applicant