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On 23 November 2009 the Supreme Court dismissed an appeal by the taxpayer in this matter awarding indemnity costs to the Commissioner. The Court affirmed the decision at first instance that the assessment of duty could not be the subject of a 'genuine dispute' in an application by the taxpayer under section 459G of the Corporations Act 2001 to set aside a statutory demand based upon the assessments.

Read the judgment.

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