Waverley Investments Pty Ltd atf The Five Oaks Trust v Chief Commissioner of State Revenue [2023] NSWCATAD 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Waverley Investments Pty Ltd atf The Five Oaks Trust v Chief Commissioner of State Revenue [2023] NSWCATAD 255 Hearing dates: 27 July 2023 Date of orders: 28 September 2023 Decision date: 28 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S E Frost, Senior Member Decision: The assessments are confirmed. Catchwords: TAXES AND DUTIES – Land tax – Surcharge land tax – Foreign person – Discretionary trust – Whether the terms of the trust are capable of amendment in a manner that would result in there being a potential beneficiary of the trust who is a foreign person Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Constitution Act 1902 (NSW) Foreign Acquisitions and Takeovers Act 1975 (Cth) Interpretation Act 1987 (NSW) Land Tax Act 1956 (NSW) Land Tax Management Act 1956 (NSW) State Revenue Legislation Further Amendment Act 2020 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: IRG Technical Services Pty Ltd v Federal Commissioner of Taxation [2007] FCA 1867 Texts Cited: None cited Category: Principal judgment Parties: Waverley Investments Pty Ltd atf The Five Oaks Trust (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: I S Young and O Berkmann (Applicant) D Stretton (Respondent)