CPT Custodian Pty Ltd v Commissioner of State Revenue

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, CALLINAN AND HEYDON JJMatter No M222/2004 & M223/2004CPT CUSTODIAN PTY LTD (previously trading under the name SANDHURST NOMINEES (VIC) LIMITED)  APPELLANTANDCOMMISSIONER OF STATE REVENUE RESPONDENTMatter No M215/2004, M216/2004, M217/2004 & M218/2004COMMISSIONER OF STATE REVENUE  APPELLANTANDKARINGAL 2 HOLDINGS PTY LTD  RESPONDENTCPT Custodian Pty Ltd v Commissioner of State Revenue Commissioner of State Revenue v Karingal 2 Holdings Pty Ltd[2005] HCA 5328 September 2005M222/2004 & M223/2004andM215/2004 to M218/2004ORDERMatter No M222/2004:1.        Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of Victoria made on 16 December 2003 and, in their place, order that:(i) the appeal to that Court is dismissed with costs;(ii)the cross-appeal to that Court is allowed with costs;(iii)the orders of Nettle J made on 29 October 2002 are varied so that the appeal to the Supreme Court of Victoria in respect of amended assessment S 020601711-2 is allowed with costs, the amended assessment is set aside, and the subject-matter thereof is remitted to the Commissioner for reconsideration and determination in accordance with law.Matter No M223/2004:1.        Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of Victoria made on 16 December 2003 and, in their place, order that:(i) the appeal to that Court is dismissed with costs;(ii)the cross-appeal to that Court is allowed with costs;(iii)the orders of Nettle J made on 29 October 2002 are varied so that the appeal to the Supreme Court of Victoria in respect of amended assessment S ...