Application of Solomons & Tayeh [2012] NSWSC 923

Supreme Court New South Wales

Medium Neutral Citation: Application of Solomons & Tayeh [2012] NSWSC 923 Hearing dates: 27 July 2012 Decision date: 27 July 2012 Jurisdiction: Equity Division Before: White J Decision: Refer to para [34] of judgment. Catchwords: TRUSTS - judicial advice - application for judicial advice pursuant to Trustee Act 1925 (NSW) s 63 - interpretation of trust deed and administration of trust property - consideration of pooling arrangement contemplated by deed of company arrangement and trust deed - how trustees should deal with multiple proofs of debt submitted by Deputy Commissioner of Taxation - where members of GST Group were jointly and severally liable to pay GST that was payable by representative member of group - where representative member and group members are subject of deed of company arrangement and trust deed - question whether trustees would be justified in treating multiple proofs lodged by the ATO as being a single liability admissibility to proof under trust deed - judicial advice given - ATO entitled to lodge multiple proofs for several debts Legislation Cited: Trustee Act 1925 A New Tax System (Goods and Services Tax) Act 1999 (Cth) Corporations Act 2001 (Cth) A New Tax System (Goods and Services Tax Administration) Act 1999 (Cth) Taxation Administration Act 1953 Cases Cited: Re CWK Nominees Pty Limited [2012] NSWSC 665 Category: Principal judgment Parties: David Solomons and Riad Tayeh (Plaintiff) Representation: Counsel: S G Habib SC (Plaintiff) E Collins SC with E Glover (Deputy Commissioner of Taxation) Solicitors: Addisons (Plaintiff) ATO Legal Services Branch (Deputy Commissioner of Taxation) File Number(s): 2012/91111