Land tax – Exemption – Statutory construction – Primary production exemption – Where s 10AA(1) of Land Tax Management Act 1956 (NSW) ("Land Tax Act") exempts from land tax rural land if used for primary production – Where s 10AA(3)(b) provides "land used for primary production" means land dominant use of which is for maintenance of animals for purpose of selling them or their natural increase or bodily produce – Whether requirement of "dominant use" of land applied both to "maintenance of animals" and also to "purpose of sale" in s 10AA(3)(b) of Land Tax Act – Whether "dominant" confined to required use of land only or "dominant" qualifies composite "use-for-a-purpose" phrase.
Words and phrases – "dominant", "dominant purpose", "dominant use", "exempt from taxation", "exemption", "integrated business", "land tax", "multiple purposes", "primary production", "significant use", "tax", "use for a purpose", "use for the identified purpose", "use for the purpose", "use of land".
Land Tax Management Act 1956 (NSW) – ss 7, 9, 10, 10AA, 10A.
Judgment date
Case number
S130/2023
Before
Gageler CJ, Gordon, Edelman, Steward, Jagot JJ
Catchwords