F – L Cases

F

  • supply of legal services to US company for legal proceedings in Australia, gst-free, supply to non-resident
  • LawCite link

Food Supplier and Commissioner of Taxation [2007] AATA 1550

  • promotional items packed with food and marked “free”, taxable supply
  • LawCite link

G

Gagner Pty Ltd trading as Indochine Cafe v Canturi Corporation Pty Ltd [2009] NSWCA 413

Gallinar Holdings Pty Ltd v Riedel [2014] NSWSC 476

  • specific performance – construction of contract – whether sale price of property was inclusive of GST – whether a binding contract existed -whether the contract can be vitiated for unilateral mistake as to the purchase price of the property – whether the plaintiff ought to be denied specific performance on discretionary grounds – whether the defendant is entitled to rescind the contract – defendant bound by contractual terms – specific performance ordered

Commissioner of Taxation v Gloxinia Investments (Trustee) [2010] FCAFC 46

Goldberg and Anor and Commissioner of Taxation [2008] AATA 1045

Guru 4U and Commissioner of Taxation [2014] AATA 740

  • GST registration – cancellation of registration – whether carrying on an enterprise – entitlement to input tax credits – what is the net amount for a period in circumstances where the taxpayer is held not to have been carrying on an enterprise

GXCX and Commissioner of Taxation [2009] AATA 569

  • Division 129 adjustment, supply of residential apartments
  • LawCite link

H

Halls v Commissioner of Taxation [2014] FCA 775

  • application by the taxpayer challenging an interim GST audit report of the Commissioner under s 39B of the Judiciary Act 1903 and ss 5 and 6 of the Administrative Decisions (Judicial Review) Act 1977

Hennessey Glass and Aluminium Pty Ltd v Watpac Australia Pty Ltd [2007] QDC 57

  • GST on legal costs

Hirezi and Ors and Commissioner of Taxation [2012] AATA 688

  • penalties for GST shortfall – whether penalty should have been imposed – whether grounds for remission

Hornsby Shire Council and Commissioner of Taxation [2008] AATA 1060

  • compulsory acquisition, creditable acquisition
  • LawCite link

Huynh and Anor and Commissioner of Taxation [2008] AATA 305

I

In the Future Holdings Pty Ltd atf the Norma Jean Semple Trust v Benson and Burnside Holdings Pty Ltd [2010] QSC 471

  • where parties entered into a written agreement for the sale of the plaintiff’s interest in land to the first defendant – where second defendant guaranteed the obligations of the first defendant under the agreement – where a dispute arose as to whether the purchase price included any GST payable on the transaction – whether plaintiff has any real prospect of succeeding against the defendants – whether there is a need for trial of the claim – whether summary judgment against the plaintiff should be granted

International All Sports v Commissioner of Taxation [2011] FCA 824

International Allsports Pty Ltd v Commissioner of Taxation (No.2) [2011] FCA 1027 (indemnity costs)

J

JMB Beverages Pty Ltd v Commissioner of Taxation [2010] FCAFC 68

K

KAP Motors Pty Ltd v Commissioner of Taxation [2008] FCA 159

  • GST on tax minimisation scheme, trustee, consideration
  • LawCite link
  • Application under “slip rule” to amend a final order to include a GST recovery clause in the court ordered lease to the plaintiff

L

Lahoud v Lahoud [2011] NSWSC 994

  • whether claim for costs to include entitlement to input tax credit

Lansell House Pty Ltd v Commissioner of Taxation [2011] FCAFC 6

Leaseplan Australia Limited v Commissioner of Taxtion [2009] FCA 130

Levy v Bergseng [2008] NSWSC 294

  • costs – costs assessment –  construction of costs agreements – applicability of GST to barrister’s fees payable by solicitor where client is overseas resident.

Lighthouse Financial Advisers (Townsville) Pty Ltd [2014] AATA 301

  • whether settlement of legal matter involved a taxable supply – whether payment was consideration for release from restraint clause or surrender of right to sue

Living Choice Australia Limited and Commissioner of Taxation [2014] AATA 168

  • extent to which applicant entitled to input tax credits for construction and operation of retirement villages – determination of extent of creditable purpose – extent to which acquisitions relate to supplies that are input taxed

Commissioner of Taxation v Luxottica Retail Australia Pty Ltd [2011] FCAFC 20

LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2012] FCAFC 90

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