Knop v Chief Commissioner of State Revenue [2012] NSWADT 157

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Knop v Chief Commissioner of State Revenue [2012] NSWADT 157 Hearing dates: 29 and 30 November 2011 and 1 December 2012, submissions closed 16 February 2012 Decision date: 07 August 2012 Jurisdiction: Revenue Division Before: M Hole, Judicial Member Decision: The decision is set aside. Catchwords: Duties Act - unencumbered market value Legislation Cited: Duties Act 1997 Administrative Decisions Tribunal Act 1997 Taxation Administration Act 1996 Valuation of Land Act 1916 Cases Cited: Spencer v The Commonwealth (1907) 5 CLR 418 Maurici v Commissioner of State Revenue (NSW) [2003] HCA 8; (2002) 212 CLR 111 Secretary of State for Foreign Affairs v Charlesworth Pilling & Co [1901] AC 373 Molyneux & Vermeesch v Chief Commissioner of State Revenue [2011] NSWADT 117 Category: Principal judgment Parties: Ian Reginald Knop and Gay Ruth Bolin-Knop (Applicants) Chief Commissioner of State Revenue (Respondent) Representation: Counsel Ms P Lane (Applicant) Ms M Carpenter (Respondent) Robertson Saxton Primrose Dunn (Applicants) Crown Solicitor (Respondent) File Number(s): 116033

REasons for decision 1The applicants have filed this application in the Tribunal in respect of a decision made by the respondent by way of disallowance of an objection to the assessment of dutiable value of $2.5m in respect of a property at Palm Beach ("the subject property") made on 10 February 2011.