BIM60440 - Land transactions: ICTA88/S776:
Clearance applications: Motive tests
As
BIM60325 makes clear, the application of
ICTA88/S776 involves questions of fact relating to intention
(ICTA88/S776 (2)(a) and (2)(c)).
You should examine carefully any statement of intention
provided by the applicant-
- Is the statement consistent with the
pattern of the applicant's (past or present) transactions?
- What circumstantial evidence is there to
support the statement?
