High Court of Australia

Commissioner of State Revenue v Placer Dome Inc [2018] HCA 59


5 Dec 2018


Kiefel CJ, Bell, Gageler, Nettle, Gordon JJ


Stamp duties – Land-holding corporations – Acquisition of controlling interest – Whether corporation a "listed land-holder corporation" within meaning of Pt IIIBA of Stamp Act 1921 (WA) – Whether value of land to which corporation entitled 60 per cent or more of value of property to which it was entitled – Valuation methodologies – Whether corporation had legal goodwill – Meaning of legal goodwill – "Added value" approach to goodwill considered – Going concern value and goodwill distinguished.

Words and phrases – "acquisition", "assessment", "controlling interest", "custom", "discounted cash flow methodology", "going concern value", "goodwill", "listed land-holder corporation", "net asset value multiple", "property", "sources of goodwill", "stamp duty", "synergies", "top down".

Stamp Act 1921 (WA) – Pt IIIBA.

Taxation Administration Act 2003 (WA) – ss 34, 37, 40.

State Administrative Tribunal Act 2004 (WA) – s 29.

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