IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 31

FEDERAL COURT OF AUSTRALIA

IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 31 Citation: IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 31

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: 1 April 2010

Catchwords: COSTS – where offer of compromise made – whether Court should "otherwise" order as contemplated by O 23 r 11(6) of the Federal Court Rules – whether reasons to depart from ordinary consequence of refusal to accept offer of compromise – difference between Calderbank offer and offer of compromise

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules, Order 23

Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 cited Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40 applied Howards Storage World Pty Ltd v Haviv Holdings Pty Ltd [2010] FCAFC 5 applied IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 22 cited Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 explained Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721 followed Morgan v Johnson (1998) 44 NSWLR 578 followed New South Wales Insurance Ministerial Corporation v Reeve (1993) 42 NSWLR 100 followed Port Kembla Coal Terminal Ltd v Braverus Maritime Inc (No 2) (2004) 212 ALR 281; [2004] FCA 1437 followed Seven Network Ltd v News Ltd (2007) 244 ALR 374; [2007] FCA 1489 cited