Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation [2012] FCAFC 17 Citation: Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation [2012] FCAFC 17
Appeal from: Deputy Commissioner of Taxation v Rhodium Australia Pty Ltd [2011] FCA 988
Parties: RHODIUM AUSTRALIA PTY LTD (ACN 123 291 510) v DEPUTY COMMISSIONER OF TAXATION
File number: VID 1014 of 2011
Judges: MARSHALL, EDMONDS AND GREENWOOD JJ
Date of judgment: 17 February 2012
Catchwords: COSTS –winding up proceeding discontinued before hearing – primary judge ordered respondent to pay part of the applicant's costs – appeal against costs order – principles from Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 applied – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 House v R (1936) 55 CLR 499 Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia: Ex parte Lai Qin (1997) 186 CLR 622 Consolidated Byrnes Holdings Ltd v Hardel Investments Pty Ltd (2009) 176 FCR 348 Kardas v Kalliakoudis [2008] FCA 1913 Akiba & Anor v Queensland (2010) 184 FCR 406 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Aussie Red Equipment Pty Ltd v Antsent Pty Ltd [2001] FCA 1641 ONE.TEL Ltd v Commissioner of Taxation (2000) 101 FCR 548 ACCC v Contact Plus Group Pty Ltd (in liq) [2006] FCA 396
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