Category: Case

John Hyde Page appeared for the successful taxpayer in Addy v Commissioner of Taxation [2019] FCA 1768, in which the Australian Federal Court held that the working holiday maker tax contravened a non-discrimination clause in the Australia-UK tax treaty. The “landmark ruling” on the “backpacker tax” has been reported in the media in eight countries and reportedly may affect around 75,000 working holiday makers.

Christopher Barry KC appeared for the successful horse owners in the Full Federal Court’s refusal of leave to appeal (Zoetis Australia Pty Ltd v Abbott [2019] FCAFC 153) from the Federal Court decision not to order security for costs in the Hendra vaccine class action ([2019] FCA 462). The decisions are the latest word on security for costs in class actions.

Michelle Hirschhorn appeared for the successful Commissioner in Stallion (NSW) Pty Ltd v Commissioner of Taxation [2019] FCA 1306, which concerned entitlement to decreasing luxury car tax adjustments and input tax credits in respect of a purchase of luxury cars.

Benjamin Zipser appeared for the successful plaintiff in Perry v Gao [2019] NSWSC 1022, which concerned a claim for an interest in real property based on undue influence and unconscionable conduct, and the Family Law Act 1975 (Cth).

Michelle Hirschhorn appeared for the Commissioner in SDRQ and Commissioner of Taxation [2019] AATA 2003, which concerned valuation of shares of two related companies for the purposes of capital gains tax.

Benjamin Zipser appeared for the successful plaintiff in Nguyen v Nguyen [2019] NSWSC 131, which concerned constructive trust and resulting trust claims over real property.

Christopher Palmer appeared for the successful applicants in Crupe Pte Ltd v Robertson [2018] NSWSC 2056, which concerned worldwide asset freezing (over USD 120 million) and disclosure orders. Christopher also appeared as sole counsel for the successful applicants on the initial urgent ex-parte application.

Gregory Drew appeared for debenture holders in Smith v Australian Executor Trustees [2018] NSWSC 1584, in which the Court approved settlement of their class action related to the collapse of Provident Capital Ltd. The Court observed that there is “no reason to think that the case could have been settled for any greater sum”. Gregory appeared for the debenture holders throughout the litigation.

Peter Wood appeared for Investa Listed Funds Management Ltd in judicial advice proceedings related to the proposed acquisition of Investa Office Fund by Blackstone Group LP ([2018] NSWSC 1362; [2018] NSWSC 1369).

Benjamin Zipser appeared for the appellant in Hossain v Minister for Immigration and Border Protection [2018] HCA 34, the latest High Court authority on jurisdictional error in administrative decisions.