BIM60015 - Land: Trading transactions:
Approach
Land dealing cases require an investigative approach. When
looking critically at a transaction you should:
- hold a meeting at an early stage to
establish:
- the history of the transaction and the relevant
background detail;
- the purchaser’s intention at the moment of
acquisition, bearing in mind that the person concerned may be
required to give evidence regarding that intention before the
Commissioners;
- obtain copies of all the related
correspondence, sales literature, legal documents etc;
- critically review all assertions in the
light of the evidence available;
- form a view of the nature of the
transaction only
after the foregoing review.
In arguing your case you should normally use decided cases as a
source of principle and
not as a source of facts for comparison with those
in your case. This is because what should determine your approach
is the application of correct principles to the specific facts of
the case.
