Commissioner of Taxation v Bamford & Ors; Bamford & Anor v Commissioner of Taxation & Anor

[2009] HCATrans 284

[2009] HCATrans 284

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S155 of 2009

B e t w e e n -

COMMISSIONER OF TAXATION

Applicant

and

PHILLIP BAMFORD

First Respondent

DAVINA BAMFORD

Second Respondent

P & D BAMFORD ENTERPRISES PTY LTD

Third Respondent

Office of the Registry
  Sydney  No S156 of 2009

B e t w e e n -

PHILLIP BAMFORD

First Applicant

DAVINA BAMFORD

Second Applicant

and

COMMISSIONER OF TAXATION

First Respondent

P & D BAMFORD ENTERPRISES PTY LTD

Second Respondent

Applications for special leave to appeal

FRENCH CJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 3 NOVEMBER 2009, AT 9.36 AM

Copyright in the High Court of Australia

__________________

MR J.T. GLEESON, SC:   May it please the Court, in these two matters I appear with MR T.P. MURPHY, SC and MS K.J. DEARDS for the Commissioner.  (instructed by Australian Government Solicitor)

MR A.H. SLATER, QC:   If your Honours please, I appear with my friend, MR I.S. YOUNG, for the third respondent in matter S155, the first and second respondents having filed submitting appearances, and for the applicants in matter S156, the second respondent having filed a submitting appearance.  (instructed by Robert Richards & Associates)

FRENCH CJ:   Thank you, Mr Slater.  Mr Gleeson, the impression we have from reading the papers is that everybody thinks special leave should be granted.  The only argument is whether it is an all or nothing.

MR GLEESON:   Yes.  Well, the Commissioner’s primary position is that it should be an all, that the questions raised by both applications are important, are difficult and are interrelated and it is the first chance the Court will have had to consider not only the three critical components - present entitlement, share and net income of the trust estate, but their interrelationship, and the two vehicles allow one to deal with capital gains, which is our application and Mr Slater’s application, any case where there is a difference between net income for tax law and distributable income for trust law.  That is our application, your Honours.

FRENCH CJ:   That harmony spreads across the bench?

MR SLATER:   Yes, it does, your Honour.

FRENCH CJ:   There will be a grant of special leave in both of these matters.  What is your time estimate, gentlemen?

MR GLEESON:   A day and a half, your Honours. 

FRENCH CJ:   Yes, all right, thank you.

AT 9.37 AM THE MATTER WAS CONCLUDED