Commissioner of Taxation v Bhp Billiton Ltd; Commissioner of Taxation v Bhp Billiton Petroleum (North West Shelf) Pty Ltd; Commissioner of Taxation v the Broken Hill Proprietary Company Pty Ltd; Commissioner of Taxation v Bhp Billiton Minerals Pty Ltd;

JurisdictionAustralia Federal only
JudgeFrench CJ,Heydon,Crennan,Bell JJ.,Gummow J.
Judgment Date01 June 2011
Neutral Citation[2011] HCA 17,2011-0601 HCA A
CourtHigh Court
Date01 June 2011
Docket NumberMatter Nos M117/2010, M118/2010, M119/2010 & M120/2010 Matter No M122/2010 Matter Nos M124/2010 & M125/2010
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2 cases
2 firm's commentaries
  • Bank Capital Adequacy & Debt Finance - Greater clarity ahead
    • Australia
    • Mondaq Australia
    • 11 May 2012
    ...The amendment clarifies the intent behind the phrase and moves away from the decision in Commissioner of Taxation v BHP Billiton Limited [2011] HCA 17 (1 June 2011), in which the High Court expounded a narrow view of the phrase "limited recourse debt", as defined in section 243-20 of the In......
  • Special purpose entities under attack -
    • Australia
    • Mondaq Australia
    • 4 August 2012
    ...amount in respect of excess capital allowances previously claimed. BHP case The case of Commissioner of Taxation v BHP Billiton Limited [2011] HCA 17 exposed what the Government has perceived as limitations in the application of Division 243. In that case, BHP Billiton Finance Limited (Fina......

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