A large portion of land on the Gold Coast formed part of the estate of the late Nancy Loeskow, which is administrated by the first respondent. The first respondent and first and second applicants were parties to a development deed and development leases which governed the development of the land.
Disputes arose between the parties as to whether the first respondent was required to be registered for GST and the proper construction of provisions of the development deed and development leases which provide for the distribution of the sale proceeds and which GST liabilities arise in respect of payments made under the agreements.
Cooper J concluded that the first respondent was required to be registered for GST as he was satisfied that the first respondent was carrying on an enterprise in the form of a business and that its GST turnover met the registration turnover. As to the construction of the development deed and development leases, his Honour was persuaded by the first respondents’ submissions and was not prepared to make the declarations sought by the applicants.
The judgment is published here.