Winston-Smith v Chief Commissioner of State Revenue [2018] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Winston-Smith v Chief Commissioner of State Revenue [2018] NSWSC 773 Hearing dates: 8 May 2018 Decision date: 01 June 2018 Jurisdiction: Equity Before: Emmett AJA Decision: 1. The proceedings are dismissed. 2. The plaintiff is to pay the defendant's costs. Catchwords: TAXES AND DUTIES – Chief Commissioner of State Revenue declined to grant exemption under s 163H of the Duties Act 1997 (NSW) – whether application of Ch 4 of the Duties Act 1997 (NSW) would not be just and reasonable

TAXES AND DUTIES – Chief Commissioner of State Revenue declined to remit interest under s 25 of the Taxation Administration Act 1996 (NSW) – whether appropriate case to remit the market component of the interest for defined period – whether appropriate case to remit premium component of interest Legislation Cited: Duties Act 1997 (NSW) Duties Act 2000 (Vic) Duties Amendment (Land Rich) Act 2003 (NSW) Local Government Act 1993 (NSW) Stamp Duties (Amendment) Act 1987 (NSW) Stamp Duties Act 1920 (NSW) Stamp Duties (Miscellaneous Amendments) Bill 1990 (NSW) State Revenue Legislation Further Amendment Bill 2009 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: Challenger Listed Investments v Commissioner of State Revenue [2010] VSC 464 Chief Commissioner of Stamp Duties v Lee (2000) 45 ATR 130 Chief Commissioner of State Revenue v Incise Technologies Pty Ltd [2004] NSWADTAP 19 Commissioner of State Revenue v Snowy Hydro Ltd (2012) 43 VR 109 Commissioner of State Revenue v STIC Australia Pty Ltd [2010] VSC 608 Deputy Commissioner of Taxation v Truhold Benefit Pty Ltd (1985) 158 CLR 678 Federal Commissioner of Taxation v Swift (1989) 20 ATR 1434 Ferrcom Pty Ltd v Commercial Union Assurance Company of Australia Limited (1993) 176 CLR 332 Giris Pty Ltd v Federal Commissioner of Taxation (1969) 119 CLR 365 Milstern Nominees Pty Ltd v Commissioner State Revenue [2015] NSWSC 68 Pharmos Nominees Pty Ltd v Commissioner of State Taxation [2012] SASCFC 89 Sharrment Pty Ltd v Official Trustee (1988) 18 FCR 449 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 26 May 1987 at 1248 (Mr Bob Debus) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 21 November 1990 at 10188 (Mr Bruce Baird) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 14 November 2003 at 5046-5048 (Ms Alison Megarrity) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 17 June 2009 at 16248 (Mr John Aquilina on behalf of Mr Joseph Tripodi) Category: Principal judgment Parties: Michael William Winston-Smith (Plaintiff) Chief Commissioner of State Revenue (Defendant) Representation: Counsel: BJ Sullivan SC with CJ Peadon (Plaintiff) J Hmelnitsky SC with M Sealey (Defendant)