Molyneux and Vermeesch v Chief Commissioner of State Revenue [2011] NSWADT 117

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Molyneux and Vermeesch v Chief Commissioner of State Revenue [2011] NSWADT 117 Hearing dates: 22 February 2011 and 1 March 2011 Decision date: 26 May 2011 Jurisdiction: Revenue Division Before: A Verick, Judicial Member Decision: The reassessment is remitted to the respondent to: (1) make adjustments to the valuation as directed (2) make a further reassessment on the basis of the adjusted valuation and (3) remit in full the premium component of interest and the penalty tax included in the reassessment. Catchwords: Duties Act - unencumbered market value Legislation Cited: Duties Act 1997 (NSW) Taxation Administration Act 1996 Administrative Decisions Tribunal Act 1997 Evidence Act 1995 (NSW) Cases Cited: Spencer v Commonwealth (1907) 5 CLR 418 Maurici v Chief Commissioner of State Revenue (NSW) (2002) 212 CLR 111 McCathie and Ors v The Federal Commissioner of Taxation (1944) 69 CLR 1Secretary of State for Foreign Affairs v Charlesworth, Pilling & Co (1901) AC 373 Commissioner of State (WA) v Nischu Pty Ltd 91 ATC 4371 Trust Co. of Australia v Chief Commissioner of State Revenue [2002] NSWADT 21 Category: Principal judgment Parties: Eve Maria Heaton Molyneux and Skye Vermeesch (applicants) Chief Commissioner of State Revenue (respondent) Representation: C J Bevan (Counsel for the Applicants) M Carpenter (Counsel for the Respondent) C Deigan, CLS Legal (for the Applicants) Crown Solicitor (for Respondent) File Number(s): 106021