Bywater Investments Ltd v Federal Commissioner of Taxation

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, NETTLE AND GORDON JJMatter No S134/2016BYWATER INVESTMENTS LIMITED & ORS  APPELLANTSANDCOMMISSIONER OF TAXATION  RESPONDENTMatter No S135/2016HUA WANG BANK BERHAD  APPELLANTANDCOMMISSIONER OF TAXATION  RESPONDENTBywater Investments Limited v Commissioner of TaxationHua Wang Bank Berhad v Commissioner of Taxation[2016] HCA 4516 November 2016S134/2016 & S135/2016ORDERMatter No S134/2016Appeal dismissed with costs.Matter No S135/20161.The respondent's summons filed on 2 June 2016 be dismissed.2.Appeal dismissed with costs.On appeal from the Federal Court of Australia RepresentationA J Myers QC and F D O'Loughlin with T L Bagley for the appellants in S134/2016 (instructed by Henry Davis York)N C Hutley SC with T H J Hyde Page for the appellant in S135/2016 (instructed by Henry Davis York)A H Slater QC with K A Stern SC and J E Jaques for the respondent in both matters (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBywater Investments Limited v Commissioner of TaxationHua Wang Bank Berhad v Commissioner of TaxationTaxation – Income tax – Residence of company – Income Tax Assessment Act 1936 (Cth), s 6(1) – Where directors of appellant companies resident abroad – Where meetings of directors of appellants ostensibly held abroad – Where directors acted at direction of Australian resident who controlled appellants and made decisions then implemented by directors – Whether appellants residents of Australia for income tax purposes – Whether "central management and control" of appellants located abroad in place where boards of...