NSW Caselaw
Reported Decision : 62 ATR 73 197 FLR 74
New South Wales Supreme Court
CITATION : Toyama Pty Ltd v Landmark Building Developments Pty Ltd [2006] NSWSC 83
HEARING DATE(S) : 15/06/05, 16/06/05, 06/07/05, 07/07/05
JUDGMENT DATE : 28 February 2006
JURISDICTION : Equity Division
JUDGMENT OF : White J
DECISION : Order that the defendant's notice of motion filed on 13 August 2004 be dismissed and that the defendant pay the costs of the respondents to that notice of motion.
CATCHWORDS : TAXATION – Respondents appointed trustees for sale of land – Land was a development site containing a disused house – Respondents described sale as a taxable supply in contract – Beneficiary claimed sale was not a taxable supply and claimed equitable compensation for breach of trust – Whether trustees for sale carried on an enterprise – Whether sale was of residential premises to be used predominantly for residential accommodation and input taxed – A New Tax System (Goods and Services Tax) Act 1999, ss 9-5, 9-30, 40-65(1) considered. - TRUSTS AND TRUSTEES – Whether respondents acted with due care and diligence – Whether respondents acted in breach of trust – Respondents' claim for remuneration considered.
Conveyancing Act 1919 (NSW) LEGISLATION CITED : A New Tax System (Goods & Services Tax) Act 1999 (Cth) Trustee Act 1925 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
Fouche v Superannuation Fund Board (1952) 88 CLR 609 CSR Ltd v Hornsby Shire Council [2004] NSWSC 946 Rolls v Miller (1884) 27 Ch D 71 Hyde v Sullivan (1955) 56 SR (NSW) 113 Hope v Bathurst City Council (1980) 144 CLR 1 CASES CITED : Fasold v Roberts (1997) 70 FCR 489 Durant v Greiner (1990) 21 NSWLR 119 Northern Engineering Pty Limited v Federal Commissioner of Taxation (1979) 42 FLR 301; 29 ALR 563 Marana Holdings Pty Ltd v Commissioner of Taxation (2004) 214 ALR 190 National Trustees Executors & Agency Company of Australasia Ltd v General Finance Co of Australasia Ltd [1905] AC 373 Jacobs, Law of Trusts in Australia, 6 ed, para [1718] Application of Sutherland (2004) 50 ACSR 297; 22 ACLC 1326
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate