Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Hii [2014] FCAFC 147 Citation: Commissioner of Taxation v Hii [2014] FCAFC 147
Appeal from: Hii v The Commissioner of Taxation of the Commonwealth of Australia [2014] FCA 967
Parties: COMMISSIONER OF TAXATION v YII ANN HII
File number: QUD 447 of 2014
Judges: EDMONDS, GREENWOOD AND PAGONE JJ
Date of judgment: 28 October 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal and appeal from order of primary judge that eight specified questions be determined separately from other questions in the proceedings – whether leave should be granted – whether primary judge erred in applying the correct principles – discretion miscarried – leave granted – appeal allowed
Legislation: Federal Court Rules 2011 r 30.01
Cases cited: Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130
Date of hearing: 28 October 2014
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 3
Counsel for the Applicant: Mr R Derrington QC with Mr Ballans
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr MP Van Der Walt
Solicitor for the Respondent: Small Myers Hughes
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 447 of 2014
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COMMISSIONER OF TAXATION
Applicant/Appellant
AND: YII ANN HII
Respondent
JUDGES: EDMONDS, GREENWOOD AND PAGONE JJ DATE OF ORDER: 28 OCTOBER 2014 WHERE MADE: BRISBANE
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