States Treasurer v Pearce [2013] 2 JLR 420 (22 October 2013)

States Treasurer v Pearce [2013] 2 JLR 420 (22 October 2013)

The lease of units in the central market by the Public of the Island of Jersey is a supply of service if the lease is less than 9 years, and a supply of goods if the lease is 9 years or more. The Public of the Island of Jersey holds the property for the States and is not a charity nor holds it on trust.

Source-derived case information.

Citation
[2013] 2 JLR 420
Parties
Applicant: States Treasurer; Respondent: Pearce
Jurisdiction
Jersey
Judgment Date
22 October 2013
Procedural Posture
Tax Appeal / Judgment
Outcome
judgment for applicant
Legal Topics
Goods and Services Tax, Taxable Person, Public Authority Property Leasing
Tax Law Goods and Services Tax Taxable Person Public Authority Property Leasing

Source-derived case record

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Parties

States Treasurer

Applicant

Pearce

Respondent

Procedural Posture

Tax Appeal / Judgment

  1. 1 Whether the lease of units in the central market by the Public of the Island of Jersey constitutes a supply of goods or services for GST purposes
  2. 2 Whether the Public of the Island of Jersey holds property as a charitable trust or otherwise

Ratio Decidendi

The lease of units in the central market by the Public of the Island of Jersey is a supply of service if the lease is less than 9 years, and a supply of goods if the lease is 9 years or more. The Public of the Island of Jersey holds the property for the States and is not a charity nor holds it on trust.

Court Disposition

judgment for applicant