Le Grand v Commissioner of Taxation of the Commonwealth of Australia [2002] FCA 1258

FEDERAL COURT OF AUSTRALIA

Le Grand v Commissioner of Taxation [2002] FCA 1258 TAXATION – eligible termination payment – retained amount of eligible termination payment - whether payment constituted an eligible termination payment for purposes of Termination Payments Tax (Assessment and Collection) Act 1997 (Cth) – payment in compromise of claim of wrongful termination and misleading and deceptive conduct – whether payment "in consequence of" termination of employment – where termination need not be only or dominant cause of payment – whether whole or part of payment constituted retained amount of the eligible termination payment - whether retained amount of an eligible termination payment defined entirely by s 27AC(2)(a) Income Tax Assessment Act 1936 (Cth). WORDS & PHRASES – "eligible termination payment", "in consequence of termination", "retained amount"

Termination Payments Tax (Assessment and Collection) Act 1997 (Cth): s 7(2) Income Tax Assessment Act 1936 (Cth): s 27A(1), 27AC(2)

Reseck v Commissioner of Taxation (1975) 133 CLR 45, followed McIntosh v Federal Commissioner of Taxation (1979) 25 ALR 557, followed Paklan Pty Ltd (in liq) v Federal Commissioner of Taxation (1983) 67 FLR 328, distinguished ANDRE PHILLIPE LE GRAND v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA W 103 of 2001 GOLDBERG J 15 OCTOBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY W 103 of 2001

BETWEEN: ANDRE PHILLIPE LE GRAND

Applicant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 15 OCTOBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the respondent's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules