Commissioner’s response to Court of Appeal decision in Konann Pty Ltd

Published on 02 December 2015

The Court of Appeal handed down its decision in the matter of the Commissioner of State Revenue v Konann Pty Ltd [2015] VSCA 278 on 16 October 2015.

This is a matter concerning exemptions for primary production land under the Land Tax Act 2005 and a change in trustee under the Duties Act 2000 and is restricted to implied or constructive trusts.

The matter has been decided on specific, unique facts and, accordingly, the Commissioner has decided not to seek leave to appeal this decision.