IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 22

FEDERAL COURT OF AUSTRALIA

IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 22 Citation: IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 22

Appeal from: Commissioner of Taxation v Grimaldi (No 8) [2009] FCA 769

Parties: IFTC BROKING SERVICES LIMITED and INTERNATIONAL FINANCE TRUST COMPANY LIMITED v COMMISSIONER OF TAXATION

File number(s): NSD 753 of 2009

Judges: STONE, EDMONDS AND JAGOT JJ

Date of judgment: 10 March 2010

Catchwords: COSTS – whether costs should follow the event – whether primary judge failed to provide any or adequate reasons for costs order – whether costs order was "unreasonable" and "plainly unjust" Held: Appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules, Order 35 r 7(2)(e)

Cases cited: Anglo-Cyprian Trade Agnecies Limited v Paphos Wine Industries Limited [1951] 1 All ER 873 referred to Commissioner of Taxation v Grimaldi (No 3) [2009] FCA 740 affirmed Commissioner of Taxation v Grimaldi (No 8) [2009] FCA 769 affirmed House v The King (1936) 55 CLR 499 applied Housing Commission of New South Wales v Tatmar Pastoral Co Pty Limited [1983] 3 NSWLR 378 followed Howards Storage World Pty Ltd v Haviv Holdings Pty Ltd [2010] FCAFC 5 followed Latoudis v Casey (1990) 170 CLR 534 referred to Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 referred to Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 cited Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201 referred to