Sayden Pty Ltd v Chief Commissioner of State Revenue

The case of *Sayden Pty Ltd v Chief Commissioner of State Revenue* concerned a dispute over land tax liability. Sayden Pty Ltd (the appellant) appealed a decision of the Administrative Decisions Tribunal (ADT) Appeal Panel, which had overturned an earlier decision of the ADT Revenue Division. The central issue was whether the trust constituted by the relevant trust deed was a "fixed trust" for the purposes of the *Land Tax Management Act 1956* (NSW).

The court was required to determine whether the criteria for a trust to be considered a "fixed trust" under section 3A(3A) of the *Land Tax Management Act 1956* were satisfied. This determination hinged on the interpretation of an amended trust deed, which incorporated provisions mirroring those in section 3A(3B) of the Act. Specifically, the court had to consider whether the amended deed, when construed according to orthodox principles, effectively granted the necessary powers to satisfy the statutory requirements for a fixed trust.

The court reasoned that the interpretation of the amended trust deed was paramount. Applying principles of contractual construction, the court found that the amended deed, despite its wording, did not confer the power to distribute trust property in specie as required by section 3A(3B)(a)(ii) of the Act. The ADT Appeal Panel had erred in its interpretation of the deed, leading to an incorrect classification of the trust.

Consequently, the appeal was allowed. The decision of the ADT Appeal Panel was set aside, and the earlier decision of the ADT Revenue Division was restored. The Chief Commissioner of State Revenue was ordered to pay Sayden Pty Ltd's costs of the appeal and the proceedings before the ADT Appeal Panel.