ETO Pty Ltd v Idameneo (No 123) Pty Ltd [2004] NSWCA 368

Reported Decision : (2005) NSW ConvR 56-099

New South Wales Court of Appeal

CITATION : ETO Pty Ltd v Idameneo (No 123) Pty Ltd [2004] NSWCA 368 HEARING DATE(S) : 24 August 2004 JUDGMENT DATE : 5 November 2004

JUDGMENT OF : Beazley JA at 1; Giles JA at 2; Bryson JA at 54 DECISION : Appeal dismissed with costs.

CATCHWORDS : Vendor and purchaser - Law Society form of contract - five parcels of land - supply of four of the parcels not a taxable supply for GST purposes - supply of fifth parcel was a taxable supply - contract said sale was a taxable supply - cl 13.9 of contract provided for vendor to pay purchaser one-eleventh of price if sale not a taxable supply - how clause operated when sale partly a taxable supply - clause not construed distributively, with apportionment of GST which would have been payable if supply of all parcels were taxable supply - contract took all or nothing approach and did not operate unless sale not at all a taxable supply. D LEGISLATION CITED : A New Tax System (Goods and Services) Tax Act 1999 (C'th) PARTIES : ETO Pty Ltd - Appellant Idameneo (No 123) Pty Ltd - Respondent FILE NUMBER(S) : CA 41150/03 COUNSEL : C J Bevan & R Horsley - Appellant D Pritchard & E Muston - Respondent SOLICITORS : Robilliard Plowman Heart - Appellant Massey Bailey - Respondent

LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT 5201/03 FILE NUMBER(S) : LOWER COURT Young CJ in Eq JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41150/03 ED 5201/03