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Trust Company of Australia Ltd v Commissioner of State Revenue

[2003] HCA 23
Judgment date
Case number
B44/2002
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Stamp duties – Where land intended to be subject of managed investment scheme – Contract of sale between vendor, responsible entity of scheme and custodian of scheme property – Transfer pursuant to contract made to custodian alone – Ad valorem duty paid on contract – Whether transfer liable to ad valorem duty – Whether transfer to custodian was a transfer made to the purchaser within s 54(6) Stamp Act 1894 (Q).

Words and Phrases: "made to the purchaser".

Managed Investments Act 1998 (Cth).

Stamp Act 1894 (Q)
– ss 54(1), 54(3), 54(6), 54(6A).

Files
23.rtf (90.72 KB)
23.pdf (186.32 KB)