Westpac Banking Corporation v Commissioner of Stamp Duties

In the case of Westpac Banking Corporation v Commissioner of Stamp Duties, the respondent, the Commissioner of Stamp Duties, notified the applicant, Westpac, of a requirement to complete Form S(a), which pertains to a stamp duty return. Westpac contested the decision, arguing that it had not acquired a "business" within the meaning of the relevant legislation, as it had not obtained sufficient assets of the Consumer Banking Group to carry on the business. The dispute centred on whether the term "business" in the stamp duty legislation referred to the same business or a business generally of the same kind.

The court was required to determine whether the Consumer Banking Group constituted a "business" and whether Westpac acquired sufficient assets of the Consumer Banking Group to carry on the business. Additionally, the court needed to decide if the term "business" referred to the same business or a business generally of the same kind. Furthermore, the court had to assess whether the Commissioner's issuance of a default assessment notice was supported by the enactment under which it was purportedly made.

The court ruled in favour of Westpac, setting aside the Commissioner's decision to require Westpac to furnish a duly completed statement in Form S(a) and the assessment of the duty which ought to be charged on the Form S(a). The court found that the Consumer Banking Group did not constitute a "business" within the meaning of the relevant legislation, as Westpac had not acquired sufficient assets to carry on the business. The court also held that the term "business" in the stamp duty legislation referred to the same business and not a business generally of the same kind. Consequently, the Commissioner's issuance of the default assessment notice was not supported by the enactment under which it was purportedly made. The court set aside the assessment of the Commissioner and ordered the Commissioner to pay Westpac's costs of and incidental to the applications to be assessed.