Monday, November 3, 2014

This week in the High Court of Australia

The High Court of Australia will hear argument in three cases this week.
The first argument is in Commissioner of Taxation v MBI Properties Pty Ltd.  Argument in this case commenced on 11 September 2014 but was adjourned when counsel for the Commissioner became ill during the course of submissions. It raises a short question of statutory construction under the GST legislation, and in particular whether or not there is a supply to a lessee by the purchaser of the reversionary interest under the lease who continues to receive rent.
The second argument is in Commissioner of State Revenue v Lend Lease Development Pty Ltd.  This case raises a question of general importance as to whether or not payments made by a developer to a statutory authority for infrastructure and construction works carried out as part of a large urban renewal project form part of the consideration paid for the sale of parcels of land from the authority to the developer.

The third argument is in Korda v Australian Executor Trustees (SA) Ltd.  This case raises a question of general important as to whether the intention necessary to create a trust by investors in an investment scheme is to be determined by reference solely to the terms of the transaction documents executed by them, or more generally by reference to the commercial setting in which the investment was made.

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