Travelex Ltd v Federal Commissioner of Taxation

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, HEYDON, CRENNAN AND BELL JJTRAVELEX LTD   APPELLANTANDCOMMISSIONER OF TAXATION  RESPONDENTTravelex Ltd v Commissioner of Taxation [2010] HCA 3329 September 2010S79/2010ORDER1.        Appeal allowed with costs.2.Set aside the order of the Full Court of the Federal Court of Australia made on 29 September 2009, and in its place order that:(a)      the appeal to that Court be allowed with costs; and(b)the order of Emmett J made on 19 December 2008 be set aside, and in its place:(i)there be a declaration that the sale by Travelex Ltd of 400 Fijian dollars to Geoffrey Urquhart on 25 November 2007 on the departures side of the Customs barrier at Sydney International Airport was a supply of or in relation to rights and a GST-free supply by reason of item 4(a) of the table in s 38-190(1) of A New Tax System (Goods and Services Tax) Act 1999 (Cth); and(ii)it be ordered that the Commissioner of Taxation pay Travelex Ltd's costs of the proceedings.On appeal from the Federal Court of AustraliaRepresentationR C Cordara SC with J O Hmelnitsky and P P Parisi for the appellant (instructed by Mallesons Stephen Jaques)S J Gageler SC, Solicitor-General of the Commonwealth with B C Kasep for the respondent (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.CATCHWORDSTravelex Ltd v Commissioner of TaxationTaxes and duties – GST – Whether supply "GST-free" under s 38-190(1) of A New Tax System (Goods...