Commissioner of State Taxation v Cyril Henschke Pty Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND KIEFEL JJCOMMISSIONER OF STATE TAXATION  APPELLANTANDCYRIL HENSCHKE PTY LTD & ORS  RESPONDENTSCommissioner of State Taxation v Cyril Henschke Pty Ltd [2010] HCA 431 December 2010A4/2010ORDER1.        Appeal allowed with costs.2.Set aside the order of the Full Court of the Supreme Court of South Australia made on 29 May 2009, and in its place order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of South AustraliaRepresentationM G Hinton QC, Solicitor-General for the State of South Australia with M J Wait for the appellant (instructed by Crown Solicitor (SA))M T Flynn with M St J R Butler for the respondents (instructed by Finlaysons Lawyers)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 Taxation v Cyril Henschke Pty LtdStamp duties – Conveyance – Partnership – Dissolution of partnership – Retirement Deed effected retirement of one partner and reconstitution of partnership and continuation of business by remaining partners – Nature of partner's interest in partnership assets – Whether Retirement Deed a conveyance of interest in personal property – Whether satisfaction of retiring partner's interest and creation of new partnership assured or vested interest in personal property.Words and phrases – "conveyance on sale", "dissolution of partnership", "equitable interest of partner".Stamp Duties Act 1923 (SA), s 60.Partnership Act 1891 (SA), ss 20, 39.FRENCH CJ, GUMMOW, HAYNE, HEYDON AND KIEFEL JJ.   For some 50 years a partnership as...