Adams Bidco Pty Ltd v Chief Commissioner of State Revenue [2018] NSWSC 735

Supreme Court New South Wales

Medium Neutral Citation: Adams Bidco Pty Ltd v Chief Commissioner of State Revenue [2018] NSWSC 735 Hearing dates: 21 May 2018 Date of orders: 21 May 2018 Decision date: 21 May 2018 Jurisdiction: Equity Before: Pembroke J Decision: See paragraph [26] Catchwords: TAXES AND DUTIES – landholder duty – whether land exempt from duty as land used for the purpose of primary production – land exempt per Section 163D of the Duties Act 1997 Legislation Cited: Duties Act 1997 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Carr v State of Western Australia (2007) 232 CLR 138 Hope v Bathurst City Council (No 2) (1986) 7 NSWLR 669 Leda Manorstead Pty Ltd v Chief Commissioner of State Revenue (2010) 79 NSWLR 724 Category: Principal judgment Parties: Adams Bidco Pty Ltd – plaintiff Chief Commissioner of State Revenue – defendant Representation: Counsel: M Richmond SC with T Prince – for the plaintiff J Hmelnitsky SC with M Sealey – for the defendant

Solicitors: PricewaterhouseCoopers – for the plaintiff Crown Solicitor for NSW – for the defendant File Number(s): 2017/213403

Judgment

Introduction 1. The primary issue in this proceeding is whether the plaintiff was liable to pay landholder duty under the Duties Act 1997 upon its acquisition of all of the issued capital in Ingham Enterprises Pty Ltd (Ingham) on 27 June 2013. At all relevant times, Ingham acted as the holding company for Inghams Enterprises Pty Ltd (Inghams), which operated a poultry production business in Australia and New Zealand. The plaintiff contends that it was not liable to pay landhold duty because it was entitled to rely on the primary producer exemption in Section 163D of the Act.