Balcaskie Investments Pty Limited v Chief Commissioner of State Revenue [2017] NSWCATAD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Balcaskie Investments Pty Limited v Chief Commissioner of State Revenue [2017] NSWCATAD 19 Hearing dates: 14 July 2016 Date of orders: 19 January 2017 Decision date: 19 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Boxall, Senior Member Decision: (1) I revoke: (a) the assessment under the Duties Act 1997 of duty pursuant to the Duties Notice of Assessment issued to the Applicant on 24 August 2015 in relation to the Lot 15 Application; and (b) the assessment under the Duties Act 1997 of duty pursuant to the Duties Notice of Assessment issued to the Applicant on 4 September 2015 in relation to the Lot 16 Application; and (2) The assessments referred to in order 1 above are remitted to the Respondent to issue Duties Notices of Assessment which conform to the construction of the Trust Deed set out in these reasons for decision. Catchwords: Duties Act 1997, section 54(3)(b) Change in trustees Trustee cannot become a beneficiary Legislation Cited: Civil and Administrative Tribunal Act 2013, section 52 Duties Act 1997, section 54(3) Taxation Administration Act 1996, section 96 Cases Cited: Aplum Wealth Financial Services Pty Limited v Frankland River Olive Co Limited (2008) 66 ACSR 594 Belvino Investments No 2 Pty Limited v Australian Vintage Limited [2014] NSWSC 978 Canty v Paperlinx Australia Pty Limited [2014] NSWCA 309 Chapmans Limited v Australian Stock Exchange Limited (1996) 67 FCR 402 Ellis v Dariush-Far [2007] QCA 398 Eslea Holdings v Butts (1986) NSWLR 175 Ewing International LP v Ausbulk Limited (No 2) [2009] SASC 381 Franklins Pty Limited v Metcash Trading Limited (2009) 76 NSWLR 603 GEC Marconi Systems Pty Limited v BHP Information Technology Pty Limited (2003) 128 FCR 1 Jubilee Properties Pty Limited v Parkview Farm [2014] NSWSC 563 National Westminster Finance NZ Ltd v National Bank of New Zealand Limited [1996] 1 NZLR 548 Oates Properties Pty Limited & ors v Commissioner of State Revenue [2003] NSWSC 596 Category: Principal judgment Parties: Balcaskie Investments Pty Limited ACN 103 751 695 (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: I Young (Applicant) S Balafoutis with F St John (Respondent)