Chief Commissioner of State Revenue v Webeck [2015] NSWCATAP 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chief Commissioner of State Revenue v Webeck [2015] NSWCATAP 279 Hearing dates: 1 December 2015 Date of orders: 21 December 2015 Decision date: 21 December 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr G Walker, Senior Member Decision: (1) The appeal is allowed and order 1 made 10 August 2015 is set aside;

(2) The decision in respect of Duties Notice of Assessment Id 1599926415 is affirmed;

(3) Each party is to pay their own costs. Catchwords: Duties Act 1997- s30 (1)- what is a partition Requirements for transfer of land being partitioned Legislation Cited: Duties Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 Real Property Act, 1900 Stamp Duties Act, 1958 (Vic) Cases Cited: Comptroller of Stamps v Christian [1991] 2 VR 129 Knezevic v Chief Commissioner of State Revenue [2014] NSWCATAD 183 Nullagine Investments Pty Ltd v Western Australia Club Incorporated [1993] 177 CLR 635 Texts Cited: Hill's Duties Legislation Category: Principal judgment Parties: Chief Commissioner of State Revenue (Appellant) Webeck (Respondent) Representation: Counsel: I Mescher and I Sethi (appellant) Respondent in person

Solicitors: Crown Solicitor (appellant) Respondent in person File Number(s): AP 15/50992 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 165 Date of Decision: 10 August 2015 Before: NS Isenberg, Senior Member File Number(s): 1510078