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Di Sipio & Anor v The Commissioner of State Revenue[2014] QCATA 301

Di Sipio & Anor v The Commissioner of State Revenue[2014] QCATA 301

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Editorial Notes

  • Published Case Name:

    Di Sipio & Anor v The Commissioner of State Revenue

  • Shortened Case Name:

    Di Sipio & Anor v The Commissioner of State Revenue

  • MNC:

    [2014] QCATA 301

  • Court:

    QCATA

  • Judge(s):

    Senior Member Stilgoe OAM, Member Hughes

  • Date:

    23 Oct 2014

Litigation History

EventCitation or FileDateNotes
Primary JudgmentQCAT (No citation)17 Mar 2014Mr Di Sipio and Ms Rotolone claimed entitlement to the Transfer Duty concession for first home owners. The Commissioner considered they had “disposed” of the property by renting the property out. The Commissioner reassessed them as not entitled to the concession. The Commissioner disallowed their objection. On review of that objection decision, the Tribunal confirmed the dis-allowance of their objection.
Primary Judgment[2014] QCATA 30123 Oct 2014Appeal allowed. Decision below set aside. Tribunal substituted its own decision that the Commissioner’s decision to disallow each objection of Christopher Silvio Di Sipio and Vanessa Mary Rotolone to the reassessment of Transfer Duty, Unpaid Tax Interest and Penalty Tax are set aside and each objection of Christopher Silvio Di Sipio and Vanessa Mary Rotolone is allowed: Senior Member Stilgoe, Member Hughes.
Appeal Determined (QCA)[2015] QCA 19820 Oct 2015Application for leave to appeal granted. Appeal dismissed. Appellant to pay the respondents’ costs of the application and appeal: Holmes CJ, P Lyons J, Burns J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Attorney-General v Brown [1920] 1 KB 7732 citations
Bishop v Deakin [1936] Ch 4092 citations
Commissioner for Children and Young People and Child Guardian v Eales [2013] QCATA 3032 citations
Gumland Property Holdings Pty Ltd v Duffy Bros Fruit Market (Campbelltown) Pty Ltd (2008) 234 CLR 2372 citations
Gumland Property Holdings Pty Ltd v Duffy Bros Fruit Market (Campbelltown) Pty Ltd (1583) 5 Co Rep 162 citations
Norton v Long [1967] VR 2212 citations
Re Prince Blucher; Ex parte Debtor (1931) 2 Ch 702 citations
Swift (P. & A.) Investments v Combined English Stores Group Plc. [1989] AC 6322 citations

Cases Citing

Case NameFull CitationFrequency
Commissioner of State Revenue v Di Sipio [2015] QCA 1981 citation
1

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