Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Southgate Investment Funds Limited v Deputy Commissioner of Taxation [2013] FCAFC 10 Citation: Southgate Investment Funds Limited v Deputy Commissioner of Taxation [2013] FCAFC 10
Appeal from: Deputy Commissioner of Taxation v Hua Wang Bank Berhad (No 3) [2012] FCA 594
Parties: SOUTHGATE INVESTMENT FUNDS LIMITED, CHEMICAL TRUSTEE LIMITED, DERRIN BROTHERS PROPERTIES LIMITED, BYWATER INVESTMENTS LIMITED and HUA WANG BANK BERHAD v DEPUTY COMMISSIONER OF TAXATION
File number: NSD 826 of 2012
Judges: MCKERRACHER, JAGOT & GRIFFITHS JJ
Date of judgment: 12 February 2013
Catchwords: PRACTICE AND PROCEDURE – application to stay execution of judgments obtained by Commissioner of Taxation – Part IVC appeal pending – whether merits of pending Part IVC appeal may be considered having regard to s 14ZZR of the Taxation Administration Act 1953 (Cth) – effect of Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd (2008) 237 CLR 473 –general principles guiding discretion to stay execution of judgment debt – prejudice or hardship suffered by the applicant taxpayer which arises only in the event that Part IVC proceedings are successful
Legislation: Taxation Administration Act 1953 (Cth) ss 14ZZR, 14ZZM, 14ZQ, Part IVC Federal Court of Australia Act 1976 (Cth) s 31A
Cases cited: Australian Machinery and Investment Co Pty Ltd v Deputy Commissioner of Taxation (No 2) (1945) 20 ALJR 326 Clyne v Deputy Commissioner of Taxation (NSW) (1983) 48 ALR 545 Cywinski v Deputy Commissioner of Taxation [1990] VR 193 Deputy Federal Commissioner of Taxation v Akers (1989) 89 ATC 4725 Deputy Commissioner of Taxation v Bayconnection Property Developments Pty Limited (2012) 127 ALD 64; [2012] FCA 363 Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd (2008) 237 CLR 473 Deputy Commissioner of Taxation v Chemical Trustee Ltd (2010) 81 ATR 237; [2010] FCA 1297 Deputy Commissioner of Taxation v Denlay (2010) 80 ATR 109; [2010] QCA 217 Deputy Commissioner of Taxation (NSW) v Mackey (1982) 45 ALR 284 Deputy Commissioner of Taxation v Warrick (No 2) (2004) 56 ATR 371; [2004] FCA 918 Esquire Nominees Ltd v Federal Commissioner of Taxation (1973) 129 CLR 177 Snow v Deputy Commissioner of Taxation (1987) 14 FCR 119 Trade World Enterprises Pty Ltd v Deputy Commissioner of Taxation (2006) 64 ATR 316; [2006] VSCA 191
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