NSW Caselaw
Appeal Panel - Internal
CITATION: Chief Commissioner of State Revenue v Doney (No 2) (RD) [2006] NSWADTAP 23
APPELLANT PARTIES: Chief Commissioner of State Revenue RESPONDENT Geraldine Doney
FILE NUMBER: 059046
HEARING DATES: 15/11/2005
SUBMISSIONS CLOSED: 11/15/2005
DATE OF DECISION: 05/16/2006
BEFORE: Needham J SC - Judicial Member; Seve J - Judicial Member; Bennett C - Non Judicial Member
CATCHWORDS: exercise of discretion - special circumstances - relevant/irrelevant considerations
MATTER FOR DECISION: Principal matter
FILE NUMBER UNDER APPEAL: 056006
DATE OF DECISION UNDER APPEAL: 06/15/2005
Administrative Decisions Tribunal Act 1997 Duties Act 1997 LEGISLATION CITED : Duties Amendment (Land Rich) Act 2004 State Revenue Legislation Amendment Act 2004 State Revenue Legislation Further Amendment Act 2004 Taxation (Unpaid Company Tax) Assessment Act 1982
Affinity Health Ltd v Chief Commissioner of State Revenue [2005] NSWSC 663 Chief Commissioner of State Revenue v Doney (RD) [2006] NSWADTAP 22 Cody v. JH Nelson Pty Ltd (1947) 74 CLR 629 De Mestre v A D Hunter Pty Ltd (1952) 77 WN (NSW) 143 Elias v. FCT [2002] ATC 4761 CASES CITED: FC of T v. Swift 89 ATC 5101 Full v. Chief Commissioner of State Revenue [2005] NSWADT 190 Giris v. FCT (1969) 119 CLR 365 Magna Alloys & Research Pty Ltd v Coffey [1981] VR 23 at 26 R v. Ford [1945] SASR 118 Victorian Egg Marketing Board v Parkwood Eggs Pty Ltd (1978) 20 ALR 129
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