Commissioner of State Revenue (WA) v Placer Dome Inc

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Commissioner of State Revenue (WA) v Placer Dome Inc

[2018] HCA 59

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Commissioner of State Revenue (WA) v Placer Dome Inc

[2018] HCA 59

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, NETTLE AND GORDON JJCOMMISSIONER OF STATE REVENUE  APPELLANTANDPLACER DOME INC (NOW AN AMALGAMATED ENTITY NAMED BARRICK GOLD CORPORATION)  RESPONDENTCommissioner of State Revenue v Placer Dome Inc[2018] HCA 595 December 2018P6/2018ORDER1. Appeal allowed.2. The Order of the Court of Appeal of the Supreme Court of Western Australia made on 11 September 2017 be set aside and, in its place, it is ordered that the appeal to that Court be dismissed with costs.3. The respondent pay the appellant's costs of this appeal.On appeal from the Supreme Court of Western AustraliaRepresentationN C Hutley SC with B L Jones for the appellant (instructed by State Solicitor's Office (WA))N J Young QC with A C Willinge for the respondent (instructed by Ernst & Young Law Pty Ltd) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCommissioner of State Revenue v Placer Dome IncStamp duties – Land-holding corporations – Acquisition of controlling interest – Whether corporation a "listed land-holder corporation" within meaning of Pt IIIBA of Stamp Act 1921 (WA) – Whether value of land to which corporation entitled 60 per cent or more of value of property to which it was entitled – Valuation methodologies – Whether corporation had legal goodwill – Meaning of legal goodwill – "Added value" approach to goodwill considered – Going concern value and goodwill distinguished. Words and phrases – "acquisition", "assessment", "controlling interest", "custom", "discounted cash flow methodology", "going concern value",...

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Commissioner of State Revenue (WA) v Placer Dome Inc

[2018] HCA 59

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, NETTLE AND GORDON JJCOMMISSIONER OF STATE REVENUE  APPELLANTANDPLACER DOME INC (NOW AN AMALGAMATED ENTITY NAMED BARRICK GOLD CORPORATION)  RESPONDENTCommissioner of State Revenue v Placer Dome Inc[2018] HCA 595 December 2018P6/2018ORDER1. Appeal allowed.2. The Order of the Court of Appeal of the Supreme Court of Western Australia made on 11 September 2017 be set aside and, in its place, it is ordered that the appeal to that Court be dismissed with costs.3. The respondent pay the appellant's costs of this appeal.On appeal from the Supreme Court of Western AustraliaRepresentationN C Hutley SC with B L Jones for the appellant (instructed by State Solicitor's Office (WA))N J Young QC with A C Willinge for the respondent (instructed by Ernst & Young Law Pty Ltd) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCommissioner of State Revenue v Placer Dome IncStamp duties – Land-holding corporations – Acquisition of controlling interest – Whether corporation a "listed land-holder corporation" within meaning of Pt IIIBA of Stamp Act 1921 (WA) – Whether value of land to which corporation entitled 60 per cent or more of value of property to which it was entitled – Valuation methodologies – Whether corporation had legal goodwill – Meaning of legal goodwill – "Added value" approach to goodwill considered – Going concern value and goodwill distinguished. Words and phrases – "acquisition", "assessment", "controlling interest", "custom", "discounted cash flow methodology", "going concern value",...