Pacific General Securities Ltd & Finmore Holdings Pty Ltd v Chief Commissioner of State Revenue (No 2) [2004] NSWADT 74

Set aside by Appeal : Set aside by Appeal on 16/11/2004

CITATION: Pacific General Securities Ltd & Finmore Holdings Pty Ltd v Chief Commissioner of State Revenue (No 2) [2004] NSWADT 74 DIVISION: Revenue Division APPLICANT PARTIES: Pacific General Securities Ltd & Finmore Holdings Pty Ltd RESPONDENT Chief Commissioner of State Revenue FILE NUMBER: 036011 HEARING DATES: 8/12/2003 SUBMISSIONS CLOSED: 12/15/2003 DATE OF DECISION: 04/19/2004

BEFORE: Verick A - Judicial Member APPLICATION: Duties Act - aggregation of dutiable transactions MATTER FOR DECISION: Principal matter Duties Act 1997 Income Tax Assessment Act 1936 (Cth) LEGISLATION CITED : Stamp Duties Act 1920 Stamp Duties Act 1923 (SA) Taxation Administration Act 1996 Bell v Federal Commissioner of Taxation [1951-1953] 87 CLR 548 Federal Commissioner of Taxation v Lutovi Investments Pty Ltd [1978] 140 CLR 434 CASES CITED: Attorney General v Cohen and Another (1937) 1 KB 478 Davis v Commissioner of Stamp Duty 95 ATC 4245 Jeffrey v Commissioner of Stamps, Old Reynella Village Pty Ltd v Commissioner of Stamps (SA) 89 ATC 4916 Re Steeds Will Trusts, Sandford v Stevenson [1960] 1 ALL E R 487. APPLICANT REPRESENTATION: A O'Brien, barrister RESPONDENT I Young, barrister ORDERS: The objection decision under review is set aside and the respondent directed to reassess the duty payable.