MLC Investments Ltd v Commissioner of Taxation [2003] FCA 1487

FEDERAL COURT OF AUSTRALIA

MLC Investments Ltd v Commissioner of Taxation [2003] FCA 1487

TAXATION – application by taxpayer for leave to adopt substituted accounting period under subs 18(1) of Income Tax Assessment Act 1936 (Cth) ('the Act') – taxpayer, a manager and trustee of numerous large unit trusts in which the public invests – existing trusts in taxpayer's group previously granted leave to adopt substituted accounting periods ending 31 May instead of 30 June – four new trusts created – application by taxpayer for leave to adopt substituted accounting periods ending 31 May for four new trusts refused by Commissioner – application for judicial review of Commissioner's decision to refuse – whether Commissioner had acted in accordance with rule or policy and without regard to the merits of the particular case – whether there was no evidence or other material to justify making of decision – whether decision an improper exercise of power.

Income Tax Assessment Act 1936 (Cth) s 18 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e), (f), (h); 5(2)(a), (b), (f); 5(3)(b)

Hindi v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 1 cited Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 cited Howells v Nagrad Nominees Pty Ltd (1982) 66 FLR 169 (FC) cited Chumbairux v Minister for Immigration and Ethnic Affairs (1986) 74 ALR 480 cited Brelin v Minister for Immigration and Ethnic Affairs (unreported, FCA, Wilcox J, 14 May 1987) cited Khan v Minister for Immigration and Ethnic Affairs (unreported, FCA, Gummow J, 11 December 1987) cited Eskaya v Minister for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 217 cited Dahlan v Minister for Immigration, Local Government and Ethnic Affairs (unreported, FCA, Hill J, 12 December 1989) cited Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 cited Sacharowitz v Minister for Immigration, Local Government and Ethnic Affairs (1992) 33 FCR 480 cited Elias v Federal Commissioner of Taxation (2002) 123 FCR 499 discussed Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 cited