Esplanade Wollongong Pty Limited ATF Esplanade Wollongong Trust v Commissioner of State Revenue [2015] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Esplanade Wollongong Pty Limited ATF Esplanade Wollongong Trust v Commissioner of State Revenue [2015] NSWCATAD 228 Hearing dates: 03 August 2015 Decision date: 05 November 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: R Deutsch, Senior Member Decision: 1) The matter is remitted to the Respondent to make a comprehensive decision regarding all the relevant issues including a decision in respect of the application of sections 32A and 32B of the Duties Act (NSW) 1997. 2) No order as to costs Catchwords: Costs, conduct which is reprehensible, indemnity costs Legislation Cited: Section 60 NSW Civil and Administrative Tribunal Act 2013 (NSW) Act Section 88 Administrative Decisions Tribunal Act (1997) (NSW) Sections 32A and 32B Duties Act (NSW) Cases Cited: Duffy v Du Rin (2014) 87NSWLR 495 Habib v State of New South Wales (NSW Police Force (2014) NSWCATAP 70 Category: Costs Parties: Esplanade Wollongong Pty Limited ATF Esplanade Wollongong Trust (Applicant) Commissioner of State Revenue (Respondent) Representation: Counsel: K Young (Applicant) S Balafoutis (Respondent)

Solicitor: Dormer Stanhope (Applicant) Crown Solicitors Officer (Respondent) File Number(s): 136077

reasons for decision 1. The hearing in this matter was set down for four days commencing on 3 August 2015. 2. The case concerns the transfer of a property situated at 72-76 Cliff Road Wollongong ("the Property").