MIM Holdings Ltd (ACN 009 814 019) v the Commissioner of Stamp Duties

The case of MIM Holdings Ltd (ACN 009 814 019) versus the Commissioner of Stamp Duties concerns a dispute regarding the application of the Stamp Act 1894. MIM Holdings Ltd sought a statutory order of review for its costs incurred during the application, as per s 49 of the Judicial Review Act 1991. The primary issues revolved around whether MIM acquired a majority interest in Ernest Henry Mining Pty Ltd under s 56FN of the Stamp Act and whether Ernest Henry Mining Pty Ltd qualified as a "land rich" corporation as defined in s 56FL of the same Act. Additional issues included the amount of duty payable and the recovery of interest, if applicable.

The court addressed the complex issue of costs allocation in the context of multiple discrete issues, each with separate outcomes. It relied on the principle that costs typically follow the event of each issue unless otherwise ordered. The court examined the approach in various precedents and concluded that a distributive approach to costs was appropriate, where each party bears the costs of the issues they were unsuccessful on. The court also noted the preference for avoiding complicated forms of taxation that would arise from apportioning costs based on technical issues.

In its final orders, the court determined that the Commissioner of Stamp Duties should pay MIM's costs of and incidental to the application, limited to one hearing day and excluding costs related to the "land rich" corporation issue. Conversely, MIM was to pay the Commissioner's costs relating to the "land rich" corporation issue, including the costs of one hearing day.