Vickers v Taccone [2005] NSWSC 578

Vickers v Taccone [2005] NSWSC 578

No evidence or material was presented supporting the likelihood of any capital gains tax liability arising; therefore, the Court refused to make an order requiring indemnity of the plaintiff for such liability.

Jurisdiction
Australia
Judgment Date
08 June 2005
Procedural Posture
Suit for Damages for Breach of Contract for Sale of Land / Post Judgment Order Application
Outcome
Order for indemnity for possible capital gains tax liability refused.
Legal Topics
['declarations' 'damages' 'capital Gains Tax' 'contract for Sale of Land']
['equity' 'procedure'] ['declarations' 'damages' 'capital Gains Tax' 'contract for Sale of Land']

Case Brief

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Procedural Posture

Suit for Damages for Breach of Contract for Sale of Land / Post Judgment Order Application

Legal Issues

  1. 1 ["Whether the Court should order that the first and second defendants indemnify the plaintiff's potential capital gains tax liability arising from the judgment"]

Ratio Decidendi

No evidence or material was presented supporting the likelihood of any capital gains tax liability arising; therefore, the Court refused to make an order requiring indemnity of the plaintiff for such liability.

Court Disposition

Order for indemnity for possible capital gains tax liability refused.

Orders

  • ['Order in respect of possible capital gains tax liability refused.' 'No order as to costs made at this time.']