Surfers Burgers Limited

Surfers Burgers Limited (the applicant) sought judicial review of a decision made by the respondent, the Commissioner of State Revenue. The dispute concerned the Commissioner's assessment of stamp duty payable on a transfer of shares in Surfers Burgers Limited. The applicant argued that the transfer was exempt from stamp duty under specific provisions of the relevant legislation.

The primary legal issue before the court was whether the transfer of shares constituted a "landholder acquisition" for the purposes of the *Duties Act 2001* (Qld) (the Act). This, in turn, required the court to determine whether Surfers Burgers Limited was a "landholder" as defined by the Act, and if so, whether the acquisition of shares in it triggered the landholder provisions. The applicant contended that the company's primary business was the operation of fast-food restaurants, not the holding of land, and therefore it did not fall within the definition of a landholder.

Justice Worth considered the definition of "landholder" under the Act, which includes a corporation that is the beneficial owner of unencumbered land in Queensland with a value of $1 million or more. Her Honour examined the company's financial statements and asset register, noting that while the company operated restaurants, it also owned the land on which several of its premises were situated. The court found that the value of this land significantly exceeded the $1 million threshold. Consequently, Surfers Burgers Limited was determined to be a landholder under the Act, and the transfer of shares was subject to stamp duty.

The application for judicial review was dismissed.