Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue [2014] NSWCA 6

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue [2014] NSWCA 6 Hearing dates: 17 October 2013 Decision date: 07 February 2014 Before: Bathurst CJ at [1] Ward JA at [2] Tobias AJA at [99] Decision: 1. Appeal allowed. 2. Judgment and orders of Gzell J on 30 January 2013 be set aside and judgment entered for the plaintiffs in the proceedings before his Honour. 3. Cross-appeal dismissed with costs. 4. Respondent to pay the appellants' costs of the appeal and the proceedings at first instance. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TAXES AND DUTIES - stamp duties - assessment and amount payable including fines - whether a deed of variation extending the time for payment of principal and capitalised interest was an advance under s 206(a)(iii) of the Duties Act Legislation Cited: Bankruptcy Act 1966 (Cth) Duties Act 1997 Money-lenders and Infants Loans Act 1941 Stamp Duties Act 1920 State Revenue Legislation Further Amendment Act 2009 Taxation Administration Act 1996 Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) [2009] HCA 41; (2009) 239 CLR 27 AMP Inc v Utilux Pty Ltd (1971) 45 ALJR 123; [1972] RPC 103 Bank of New South Wales v Brown [1983] HCA 1; (1983) 151 CLR 514 Baystone Investments Pty Ltd v Commissioner of Stamp Duties [1978] 1 NSWLR 441 Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue [2013] NSWSC 21 Burnes v Trade Credits Ltd [1981] 1 NSWLR 93 Chow Yoong Hong v Choong Fah Rubber Manufactory [1962] AC 209 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55 Commissioner of Taxation v Mercantile Credits Ltd (1986) 10 FCR 340 Commissioner of Taxation v Sara Lee Household & Body Care (Australia) Pty Ltd [2000] HCA 35; (2000) 201 CLR 520 Electronic Industries Limited v David Jones Limited [1954] HCA 69; (1954) 91 CLR 288 Handevel Pty Ltd v Comptroller of Stamps (Vic) [1985] HCA 73; (1985) 157 CLR 177 Messenger Press Pty Ltd v Commissioner of Taxation [2012] FCA 756 Minister for Resources v Dover Fisheries Pty Ltd [1993] FCA 366; (1993) 43 FCR 565 Prime Wheat Association Ltd v Chief Commissioner of Stamp Duties (NSW) [1997] NSWSC 546; (1997) 42 NSWLR 505 Prudential Mutual Assurance Investment and Loan Association v Curzon (1852) 8 Exch 97; 155 ER 1275 Santander UK Plc v Harrison [2013] EWHC 199 (QB) Tallerman & Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd [1957] HCA 10; (1957) 98 CLR 93 Thompson v Goold & Co [1910] AC 409 Tozer Kemsley & Millbourn (Australasia) Pty Ltd v Point (1961) 61 SR (NSW) 751; (1961) 78 WN (NSW) 250 Trade Credits Ltd v Burnes [1979] 1 NSWLR 630 Texts Cited: CL Pannam, The Law of Moneylenders in Australia and New Zealand, (1965 Law Book Company) Category: Principal judgment Parties: Bondi Beachside Pty Ltd (First Appellant/First Cross-Respondent) Bondi Beachside Rebel Pty Ltd (Second Appellant/Second Cross-Respondent) Bondi Beachside Holdings Pty Ltd (Third Appellant/Third Cross-Respondent) Chief Commissioner of State Revenue (Respondent/Cross-Appellant) Representation: Counsel: M Richmond SC with Ms A Tsekouras (Appellants/Cross-Respondents) S W Gibb SC with M Sealey (Respondent/Cross-Appellant) Solicitors: Baron & Associates (Appellants/Cross-Respondents) Crown Solicitor's Office (Respondent/Cross-Appellant) File Number(s): CA 13/060068 Decision under appeal Citation: Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue [2013] NSWSC 21 Date of Decision: 2013-01-30 00:00:00 Before: Gzell J File Number(s): SC 11/361164