Commissioner of State Taxation v Cyril Henschke Pty Ltd

[2010] HCA 43
Judgment date
Case number
A4/2010
Before
French CJ, Gummow, Hayne, Heydon, Kiefel JJ
Catchwords

Stamp duties – Conveyance - Partnership - Dissolution of partnership - Retirement Deed effected retirement of one partner and reconstitution of partnership and continuation of business by remaining partners - Nature of partner's interest in partnership assets - Whether Retirement Deed a conveyance of interest in personal property - Whether satisfaction of retiring partner's interest and creation of new partnership assured or vested interest in personal property.

Words and phrases – "conveyance on sale", "dissolution of partnership", "equitable interest of partner".

Stamp Duties Act 1923 (SA) – s 60.

Partnership Act 1891 (SA) – ss 20, 39.

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