ALH Group Property Holdings Pty Limited v Chief Commissioner of State Revenue

Stamp duty – Agreement for sale or transfer of dutiable property - Cancelled agreement - Section 8(1)(b)(i) of Duties Act 1997 (NSW) ("Duties Act") charged duty on "an agreement for the sale or transfer of dutiable property" - Section 50(1)-(2) of Duties Act relevantly provided that cancelled agreement for sale or transfer of dutiable property not liable to duty and that respondent must refund duty paid on such agreement - Oakland Glen Pty Limited ("Oakland") entered into contract ("2003 contract") to sell property to Trust Company Fiduciary Services Limited ("Trust") - Oakland, Trust and appellant executed deed ("Deed of Consent") under which appellant assumed Trust's obligations under 2003 contract - Oakland and appellant executed deed ("Deed of Termination") which as rectified cancelled Deed of Consent - Whether Deed of Consent recorded agreement on which duty chargeable under s 8(1)(b)(i) of Duties Act - Whether Deed of Consent effected novation or assignment of Trust's rights under 2003 contract to appellant - Whether Deed of Consent rescinded 2003 contract - Whether Deed of Termination cancelled any agreement for sale or transfer of property recorded in Deed of Consent so that respondent must refund duty paid pursuant to s 50(2) of Duties Act.

Words and phrases – "an agreement for the sale or transfer of dutiable property", "assignment", "novation", "rescission".

Duties Act 1997 (NSW) – ss 8(1)(a), 8(1)(b)(i), 50(1)-(2).