Westpac v Commissioner of State Revenue

Westpac Banking Corporation (Westpac) sought a review of decisions made by the Commissioner of State Revenue (Commissioner) regarding stamp duty assessments made under the Stamp Act 1894. The primary dispute was over the Commissioner's requirement for Westpac to complete a Form S(a) and the subsequent stamp duty assessment on Westpac's acquisition of certain assets from Chase AMP Bank Limited. Westpac argued that the Commissioner's decisions were incorrect, and it was not obligated to provide the Form S(a) or pay the stamp duty.

The court had to determine whether Westpac was required to complete the Form S(a) and whether the stamp duty assessment was valid. The court also needed to address the issue of interest, specifically whether interest should be awarded for the entire period from when the duty was paid until the judgment was made. Additionally, the court examined the costs associated with the proceedings, including whether indemnity costs were warranted given that the Commissioner made a Calderbank offer.

In its decision, the court found in favour of Westpac, setting aside the Commissioner's decisions and declaring that Westpac was not required to complete the Form S(a) or pay the stamp duty. The court ordered the Commissioner to refund the amounts paid by Westpac, along with interest at the rate of 5.5% per annum from the date of payment up until the date of the judgment. The court also ruled that the Commissioner was to pay Westpac's costs of the proceedings, assessed on the standard basis up to a certain date and on the indemnity basis thereafter. This ruling was based on the Commissioner's Calderbank offer, which was not accepted by Westpac.