Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coal Developments (German Creek) Pty Ltd ACN 009 974 896 v Commissioner of Taxation [2008] FCAFC 27
TAXATION – taxable income – carried-forward losses – whether taxpayer carried on same business throughout the business test period as it had carried on immediately before the test time – effect of sale of interest in mining joint venture – taxpayer after sale date procuring releases from liabilities under leases, port user agreements and the like contracted in connection with the joint venture – whether that activity constituted carrying on the same business by winding it down. Income Tax Assessment Act 1997 (Cth) ss 165-13, 165-210, 995-1(1)
Northern Engineering Pty Ltd v Federal Commissioner of Taxation (1979) 42 FLR 301 Khan v Miah [2000] 1 WLR 2123 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Inglis v Federal Commissioner of Taxation (1979) 40 FLR 191 Avondale Motors (Parts) Pty Ltd v Federal Commissioner of Taxation (1971) 124 CLR 97 Re Dagnall [1896] 2 QB 407 Federal Commissioner of Taxation v Broken Hill South Ltd (1941) 65 CLR 150 Federal Commissioner of Taxation v Murry (1998) 193 CLR 605 COAL DEVELOPMENTS (GERMAN CREEK) PTY LTD ACN 009 974 896 v COMMISSIONER OF TAXATION QUD 296 of 2007
SPENDER, RYAN and EMMETT JJ
11 MARCH 2008
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 296of 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COAL DEVELOPMENTS (GERMAN CREEK) PTY LTD ACN 009 974 896
Appellant
AND: COMMISSIONER OF TAXATION
Respondent
JUDGES: SPENDER, RYAN and EMMETT JJ DATE OF ORDER: 11 MARCH 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate