Chief Commissioner of State Revenue v Pacific General Securities Ltd and Finmore Holdings Pty Ltd (No 2) (RD) [2005] NSWADTAP 54

Appeal Panel - Internal

CITATION: Chief Commissioner of State Revenue v Pacific General Securities Ltd and Finmore Holdings Pty Ltd (No 2) (RD) [2005] NSWADTAP 54 This decision has been amended. Please see the end of the decision for a list of the amendments. APPELLANT PARTIES: Chief Commissioner of State Revenue RESPONDENT Pacific General Securities Ltd and Finmore Holdings Pty Ltd FILE NUMBER: 059030 HEARING DATES: 13/07/05 SUBMISSIONS CLOSED: 07/13/2005 DATE OF DECISION: 07/13/2005

Pacific General Securities Ltd & Finmore Holdings Pty Ltd v Chief Commissioner of State Revenue [2005] NSWADT 85 DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Block J - ADCJ (Judicial Member); Bennett C - Non Judicial Member CATCHWORDS: statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 046047 DATE OF DECISION UNDER APPEAL: 04/15/2005 LEGISLATION CITED : Duties Act 1997 Taxation Administration Act 1996 Pacific General Securities Ltd & Finmore Holdings Pty Ltd v Chief Commissioner of State Revenue [2005] NSWADT 85 Pacific General Securities Ltd & Finmore Holdings Pty Ltd v Chief Commissioner of State Revenue (No 2) [2004] NSWADT 74 Chief Commissioner of State Revenue v Pacific General Securities Ltd & Finmore Holdings Pty Ltd (RD) [2004] NSWADTAP 51 Old Reynella Village Pty. Ltd v Commissioner of Stamps (S.A.) (1989) 51 SASR 378; 89 ATC 4916 Stocks and Holdings (Constructors) Pty Ltd v Federal Commissioner of Taxation (1973) 129 CLR 617 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Giris Pty Ltd v F.C. of T. (1968) 119 CLR 365 CASES CITED: Della-Franca & Anor v Chief Commissioner of State Revenue [2005] NSWADT 106 Federal Commissioner of Taxation v Swift (1989) 89 ATC 5101 Attorney-General v Cohen [1937] 1 KB 478 Davis v Commissioner of Stamp Duties (1995) 30 ATR 405 Lee v Chief Commissioner of State Revenue (NSW) (1998) 99 ATC 4042 Chief Commissioner of State Revenue (NSW) v Lee 2000 ATC 4600 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Re Drake (No. 2) (1979) 2 ALD 634 House v The King (1936) 55 CLR 499 REPRESENTATION: I Young, barrister S Heathwood, Company Director ORDERS: 1. Appeal allowed; 2. Decision under appeal set aside; 3. Leave is granted to extend the appeal to the merits; 4. The decision under review is affirmed; 5. Order that the premium component of interest be waived as from the date of lodgement of the application for review until the date of publication of written reasons for this decision are provided