On 15 August 2014, the High Court released the results of the following applications for special leave to appeal:
- Chemical Trustee Limited v DCT– the High Court refused the taxpayer special leave to appeal against the decision of the Full Federal Court in Chemical Trustee Limited v DCT [2014] FCAFC 27. In that case, the Full Federal Court upheld a decision giving judgment to a Deputy Commissioner for unpaid income tax, together with the shortfall interest charge and general interest charge, totalling over $28m. [The matter relates to ongoing litigation arising under Project Wickenby in relation to transactions involving the Hua Wang Bank and others.]
- FCT & Darling and Anor – the Hight Court refused an applicant special leave to appeal against the decision of the Full Court of the Family Court in FCT & Darling and Anor [2014] FamCAFC 59. In that case, Full Court of the Family Court ruled that the Court at first instance in FCT & Darling and Anor [2013] FamCA 118 wrongly applied its discretion to prevent the Commissioner from using certain documents filed in the Court for the purposes of an audit of one of the parties to the proceedings (and related entities) in relation to the 1991 to 2010 income years.
- Lend Lease Development Pty Ltd & Ors v Comr of State Revenue – the High Court granted the Commissioner of State Revenue (Vic) special leave to appeal against the decision of the Victorian Court of Appeal in Lend Lease Development Pty Ltd & Ors v Comr of State Revenue [2013] VSCA 207. In that case, the Court of Appeal allowed the appeal of 3 taxpayers (property developers) against an earlier decision which had affirmed stamp duty assessments issued under the Duties Act 2000 (Vic).
- Haddad v Chief Comr of State Revenue – the High Court refused the taxpayer special leave to appeal against the decision of the NSW Court of Appeal in Haddad v Chief Comr of State Revenue [2014] NSWCA 23. In that case, the NSW Court of Appeal affirmed the Commissioner’s decision denying the taxpayer the principal place of residence (PPR) land tax exemption for the 2004 to 2009 land tax years (inclusive).
[LTN 158, 18/8/14]