Stocks and Holdings (Constructors) Pty. Limited v. Federal Commissioner of Taxation.

Members: Barwick CJ
Menzies J
Stephen J

Mason J

Tribunal:
High Court (Full Court)

Decision date: Judgment handed down 14 May 1973.

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Mason J.: I have had the advantage of reading the reasons for judgment prepared by my brother Stephen, with which I entirely agree. I agree that only the first question submitted by the case stated need be answered and that it should be answered in the negative.

ORDER:

The questions asked in the stated case answered as follows -

• ``1. Whether, upon the true construction of Div. 7 of Pt. III of the Act, and in particular of sec. 103A(5) thereof, and upon the facts above set forth the respondent (or the Board of Review upon reference from him) could properly form the opinion, in pursuance of sec. 103A(5) of the Act that having regard to the matters specified in the said subsection it was reasonable that the appellant should be treated as a public company in relation to the year of income.'' - No.
• 2.-6. Unnecessary to answer.

Respondent to pay appellant's costs of the case stated.