Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hart v Commissioner of Taxation (No 2) [2019] FCAFC 191 Appeal from: Paule v Commissioner of Taxation [2019] FCA 394
File numbers: VID 345 of 2019 VID 346 of 2019 VID 347 of 2019 VID 348 of 2019 VID 350 of 2019
Judges: KENNY, KERR AND MOSHINSKY JJ
Date of judgment: 4 November 2019
Catchwords: PRACTICE AND PROCEDURE – costs – where appeal dismissed – where appellant contended that there were special circumstances such as to justify a departure from the usual order that costs follow the event
Legislation: Income Tax Assessment Act 1997 (Cth)
Cases cited: Federal Commissioner of Taxation v AusNet Transmission Group Pty Ltd (No 2) [2015] FCAFC 124 Liversidge v Anderson [1942] AC 206 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Mersey Railway Co (No 1) (1888) 37 Ch D 610 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Sea Shepherd Australia Ltd v Western Australia [2014] WASC 66 Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174
Date of hearing: Determined on the papers
Date of last submissions: 25 October 2019
Registry: Victoria
Division: General Division
National Practice Area: Taxation
Category: Catchwords
Number of paragraphs: 8
Counsel for the Appellants: Ms A Lee
Solicitor for the Appellants: Thomson Geer
Counsel for the Respondent: Mr EF Wheelahan QC with Mr LJS Molesworth
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