Milstern Nominees Pty Ltd v Chief Commissioner of State Revenue [2015] NSWSC 68

Supreme Court New South Wales

Medium Neutral Citation: Milstern Nominees Pty Ltd v Chief Commissioner of State Revenue [2015] NSWSC 68 Hearing dates: 12 and 13 May 2014 Decision date: 18 February 2015 Jurisdiction: Common Law Before: White J Decision: Direct the plaintiff's counsel to bring in short minutes of order in accordance with these reasons. Catchwords: TAXES AND DUTIES – landholder duty – appeal to the Supreme Court from a decision of the Chief Commissioner not to grant an exemption under s 163H of the Duties Act 1997 (NSW) – whether exemption ought to be granted where company acquires shares in an object of a discretionary trust – consideration of circumstances in which it is "not just and reasonable" under s 163H that duty should be charged on a relevant acquisition – discretion exercised favourably to taxpayer Legislation Cited: Duties Act 1997 (NSW) Duties Act 2000 (Vic) Duties Amendment (Land Rich) Act 2003 (NSW) Stamp Duties (Amendment) Act 1987 (NSW) Stamp Duties Act 1920 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: Challenger Listed Investments Ltd v Commissioner of State Revenue [2010] VSC 464; (2010) 80 ATR 630 Commissioner of State Revenue v STIC (Australia) Pty Ltd [2010] VSC 608; (2010) 81 ATR 682 Deputy Commissioner of Taxation (Cth) v Truhold Benefit Pty Ltd (1985) 158 CLR 678 Federal Commissioner of Taxation v Swift (1989) 20 ATR 1434 Gartside v Inland Revenue Commissioners [1968] AC 553 Giris Pty Limited v Commissioner of Taxation (Cth) (1969) 119 CLR 365 Marshin Holdings Pty Ltd v Attorney-General of New South Wales & Ors [2013] NSWSC 326 Tasty Chicks Pty Limited v Chief Commissioner of State Revenue (NSW) [2011] HCA 41; (2011) 245 CLR 446 Category: Principal judgment Parties: Milstern Nominees Pty Limited (Plaintiff) Commissioner of State Revenue (Defendant) Representation: Counsel: J O Hmelnitsky SC with C J Peadon (Plaintiff) R A Dick SC with M Sealey (Defendant)