Watertite Investments Pty Ltd ATF Isgrove Trust v Chief Commissioner of State Revenue [2023] NSWCATAD 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Watertite Investments Pty Ltd ATF Isgrove Trust v Chief Commissioner of State Revenue [2023] NSWCATAD 274 Hearing dates: 1 September 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Dunn, Senior Member Decision: 1. Pursuant to s 41 of the Civil and Administrative Tribunal Act (2013) time for filing the application is extended to 22 March 2023. 2. The decision under review is affirmed. Catchwords: TAXES AND DUTIES -Land tax – Surcharge land tax – Applicant holds land on trust – discretionary trust – whether, during the relevant land tax years, foreign persons were excluded as a beneficiary under the terms of the trust deed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Duties Act 1997 (NSW) Foreign Acquisitions and Takeovers Act 1975 (Cth) 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: Byrnes v Kendle [2011] HCA 26 Chapman v Chief Commissioner of State Revenue [2010] NSWADT 124 Cornish Investments Pty Limited v Chief Commissioner of State Revenue (RD) [2013] NSWADTAP 25 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 Hashim v Chief Commissioner of State Revenue [2020] NSWCATAD 67 Kearnes v Hill (1990) 21 NSWLR 107 Stein v Sybmore Holdings [2006] NSWSC 1004 Texts Cited: None cited Category: Principal judgment Parties: Watertite Investments Pty Ltd ATF Isgrove Trust (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Abbas Jacobs Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00093422 Publication restriction: Nil