24 Jul 2009
CS DEVELOPMENT NO. 2 LIMITED V AJ COCKBURN AND JE COCKBURN AND KI JEFFRIES SUED AS TRUSTEES OF THE ALDWYN AND JANET COCKBURN FAMILY TRUST HC WN CIV-2009-485-587
- Citation
- openlaw-706cdf0f_cff9_4272_9830_0d44636a9a06.pdf
- Court
- High Court
The Variation Agreement unambiguously required settlement with vacant possession, so there was no clear and unequivocal written agreement that the supply was of a going concern as required by s 11(1)(m)(i); therefore the transaction was not zero-rated and GST at 12.5% applied. Section 109 TAA did not bar the Court from determining this contractual GST issue between parties.