NSW Caselaw
CITATION: Dickson Carriers Pty Ltd and anor v Chief Commissioner of State Revenue [2008] NSWADT 64
DIVISION: Revenue Division
FIRST APPLICANT Dickson Carriers Pty Ltd
PARTIES: SECOND APPLICANT Hughes Transport Pty Ltd
RESPONDENT Chief Commissioner of State Revenue
FILE NUMBER: 066130
HEARING DATES: 7 and 22 February 2008
SUBMISSIONS CLOSED: 22 February 2008
DATE OF DECISION: 28 February 2008
BEFORE: Block J - ADCJ (Judicial Member)
CATCHWORDS: Jurisdiction
MATTER FOR DECISION: Preliminary matter
LEGISLATION CITED : Payroll Tax Act 2007 Taxation Administration Act 1996
Boyded (Holdings) Pty Limited v Federal Chief Commissioner of Taxation 82 ATC 4236 FCT v ANZ Savings Bank Ltd (1993) 181 CLR 466 FCT v Dalco (1990) 168 CLR 614 FCT v Hoffnung & Company Ltd (1929) 42 CLR 39FCT v Stokes 97 ATC 4001 CASES CITED: Federal Chief Commissioner of Taxation v Mantle Traders Pty Limited 80 ATC 4588 Fletcher & Dunlop v FCT82 ATC 4834 Reynolds v FCT (1981) 34 ALR 463 Telstra Corporation Limited v Chief Commissioner of State Revenue [2004] NSWADT 190 Transport Accident Commission v Bausch (1998) 4 VR 249 Wade v FCT (1951) 84 CLR 105
APPLICANTS I Kalaf, solicitor REPRESENTATION: RESPONDENT I Young, barrister
ORDERS: 1.The Tribunal does have jurisdiction 2. The Respondent is entitled to rely on the grounds specified in the additional issue (as defined in these reasons).
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