Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Noza Holdings Pty Ltd (No 2) [2012] FCAFC 54 Citation: Commissioner of Taxation v Noza Holdings Pty Ltd (No 2) [2012] FCAFC 54
Appeal from: Noza Holdings Pty Ltd v Commissioner of Taxation [2011] FCA 46
Parties: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v NOZA HOLDINGS PTY LTD (ACN 098 410 881)
File numbers: VID 195 of 2011 VID 196 of 2011 VID 197 of 2011 VID 198 of 2011 VID 200 of 2011
Parties: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v ITW AFC PTY LIMITED (ACN 091 191 865)
File number: VID 201 of 2011
Judges: EDMONDS, JESSUP AND ROBERTSON JJ
Date of judgment: 20 April 2012
Date of final submissions: 5 April 2012
Catchwords: PRACTICE AND PROCEDURE – Costs – Interlinked appeals concerning common issue of whether dividend declared is an allowable deduction under s 25-90 of the Income Tax Assessment Act 1997 (Cth) in year of declaration – Whether appellant's success on appeals justifies a variation to costs orders below. Held: No. Both parties successful on appeals in part; appellant's successes not sufficient to justify variation to costs orders below; and each party bear its own costs of the appeals.
Cases cited: Commissioner of Taxation v Noza Holdings Pty Ltd [2012] FCAFC 43
Date of hearing: Heard on the papers
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Counsel for the Appellant: Mr SJ Sharpley with Mr AM Dinelli
Solicitor for the Appellant: Gadens
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