Knezevic v Chief Commissioner of State Revenue [2014] NSWCATAD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Knezevic v Chief Commissioner of State Revenue [2014] NSWCATAD 183 Hearing dates: 19 September 2014 Decision date: 30 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: R Deutsch, Senior Member Decision: The assessment is set aside and the matter is remitted to the Respondent to issue an assessment to the Applicants based on a calculation where the relevant ad valorem rates of stamp duty are applied to 50% of the applicable purchase price. Catchwords: Stamp Duty; tenants-in-common; Dutiable property; matrimonial property Legislation Cited: Duties Act 1997 (NSW) Real Property Act 1900 (NSW) Cases Cited: Asciano Services Pty Limited v Chief Commissioner of State Revenue (2008) HCA 46 Trust Co Ltd V Chief Commissioner of State Revenue (2007) NSWCA 225 Hannagan v Chief Commissioner of State Revenue 2012 NSWADT 15 Zhang v Chief Commissioner of State Revenue (2013) NSWADT 103 Warner v Chief Commissioner of State Revenue (2011) NSWADT 212 Category: Principal judgment Parties: Danny Knezevic and Stevan Knezevic (Applicants) Chief Commissioner of State Revenue (Respondent) Representation: D Barlin (Applicants) I Sethi (Respondent) John Allanson and Associates (Applicants) Crown Solicitors Office (Respondent) File Number(s): 1410234

reasons for decision

WHAT THIS CASE IS ABOUT 1The Applicants seek review of the imposition of duty by a Duties Notice of Assessment issued on 6 December 2013 ( the Assessment) in relation to an assessment to stamp duty made by the Respondent in accordance with the Duties Act 1997 (NSW) (the Act). 2The Assessment was issued in respect of the transfer of property situated at 8A Painters Parade, Dee Why in New South Wales (the Property). 3The vendors in relation to the transfer were Danny Knezevic and Dana Knezevic as tenants in common in equal shares and the purchasers were Danny Knezevic and Stevan Knezevic ( "the Applicants") as tenants in common in equal shares. 4The critical issue that arises for determination in this application for review is whether the exemption in section 68 of the Act applies to the transfer insofar as Danny Knezevic is both one of the vendors and one of the purchasers.