Rowntree Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rowntree Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 141 Hearing dates: 4 June 2015 Decision date: 07 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: A Verick, Senior Member Decision: The reassessment is confirmed subject to remission of the interest imposed. The reassessment is accordingly remitted to the Chief Commissioner to make the necessary adjustment as directed. Catchwords: STATE REVENUE – Stamp duties - Retirement of Security Custodian – Replacement of new Security Custodian – Acquisition of property by new Security Custodian – Whether exempt as a transfer on retirement of trustee – s 54(3) of the Duties Act 1997 Legislation Cited: Duties Act 1997 Taxation Administration Act 1996 Administrative Decisions Act 1997 Cases Cited: Kern Corporation Ltd v Walter Reid Trading Pty Ltd (1987) 163 CLR 164 Haque v Haque [No 2] (1965) 114 CLR 98 Bunny Industries Ltd v FSW Enterprises Pty Ltd [1982] Qd R 712 Sportscorp Australia Pty Ltd v Chief Commissioner of State Revenue (2004) 58 ATR 1; 213 ALR 795 Chen v Marcolongo [2009] NSWCA 121 Commissioner of State Revenue v Victoria Gardens Developments Pty Ltd (2000) 46 ATR 61; [2000] VSCA 233 Comptroller of Stamps v Hutchins [1985] VR 599 Perpetual Trustee Company Ltd v Commissioner of State Revenue (2000) 44 ATR 273 Commissioner of Stamp Duties (NSW) v Pendal Nominees Pty Ltd (1989) 167 CLR 1 FCT v Totledge Pty Ltd (1982) 82 ATC 4168 Chief Commissioner of State Revenue v Incise Technologies Pty Ltd & Anor [2004] NSWADTAP 19 Trust Co of Australia v Chief Commissioner of State Revenue [2002] NSWADT21 Category: Principal judgment Parties: Rowntree Investments Pty Ltd (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: I Young (Applicant) M Sealey (Respondent)