Rojoda Pty Ltd v Commissioner of State Revenue

[2018] WASCA 224

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Stamp Duty
2. › Dutiable transactions
3. › Declaration of trust over dutiable property
4. › Partnership property
5. › Dissolution of partnership
6. › Whether deeds confirming existing trust obligations constituted new declarations of trust
7. › Duties Act 2008 (WA), s 11(1)(c)
1. Partnership
2. › Dissolution
3. › Winding up
4. › Partners' proprietary rights in partnership assets
5. › Nature of partner's interest after general dissolution of solvent partnership
6. › Whether partner has specific and fixed beneficial interest in partnership property where surplus sufficiently ascertained
7. › Partnership Act 1895 (WA), ss 30(1), 50, 57
1. Equity
2. › Maxims
3. › Equity regards as done that which ought to be done
4. › Application to partnership dissolution
5. › Whether equity treats partnership debts as discharged where cash assets exceed liabilities
6. › Effect on characterisation of partners' interests in partnership property

Quick Take

Practitioners advising on stamp duty implications of post-dissolution partnership arrangements should note that where a partnership is solvent and cash assets exceed liabilities, former partners may already hold specific equitable interests in partnership real property, such that instruments confirming those interests may not attract duty as new declarations of trust.