Mt Shadwell Pty Ltd

The proceeding concerned a dispute between Mt Shadwell Pty Ltd and the Commissioner of State Revenue. Mt Shadwell sought to recover stamp duty paid under protest, alleging that the Commissioner had incorrectly assessed the duty payable on a transfer of land. The matter came before Heath Wilson in the Supreme Court of Victoria.

The central legal issue was whether the transfer of land from Mt Shadwell to a related company, Mt Shadwell Holdings Pty Ltd, constituted a dutiable transaction under the *Duties Act 2000* (Vic). Specifically, the court had to determine if the transfer was an "arrangement" that effected a change in beneficial ownership of the land, thereby attracting stamp duty.

Heath Wilson found that the transfer was not merely a paper transaction but an arrangement that resulted in a change in beneficial ownership. His Honour applied the principles established in cases concerning the interpretation of dutiable transactions, focusing on the substance of the transaction rather than its form. The court considered the intention of the parties and the practical effect of the transfer, concluding that it fell within the scope of the dutiable provisions of the Act.

Consequently, the court dismissed Mt Shadwell's claim and ordered that the company pay the Commissioner's costs.