Federal Court of Australia
CATCHWORDS
PRACTICE & PROCEDURE - application for leave to appeal -
objection to competency of application for review under the
Administrative Decisions (Judicial Review) Act 1977 - whether final or interlocutory order - whether inability to challenge
important jurisdictional question may amount to substantial injustice - order staying proceedings in Supreme Court - injunctions to stand in lieu of undertakings offered at interlocutory stage - trial judge's consideration of whether
substantial question to be tried.
,
Administrative Decisions (Judicial Review) Act 1977
Income Tax Assessment Act 1936.
DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
v TERRULE PTY LTD. and GEOFFREY GEORGE MANNERS
No. VG 147 of 1985
Woodward J. Melbourne 4 July 1985
IN_THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
GENERAL DIVISTON
No. VG 147 of 1985
weve ww
BETWEEN :
DEPUTY COMMISSIONER OF TAXATION
OF THE COMMONWEALTH OF AUSTRALIA Applicant
and
TERRULE PLY LTD. and GEOFFREY GEORGE MANNERS Respondents
MINUTES OF ORDER
COURT: Woodward J. DATE: 4 July 1985 PLACE: Melbourne
THE COURT ORDERS THAT:
1.
The applicant have leave to appeal against the decisions of Jenkinson J. of 18 February, 1985 in matters VG 307 and VG 326 of 1984 within twenty-one days of the
delivery of the final judgments in those matters.
The application for leave to appeal against the decisions of Jenkinson J. of 24 May, 1985 in matters
VG 307 and VG 326 of 1984 be refused.
The applicant pay the respondents' costs of this
application.
(Settlement and entry of orders is dealt with by 0.36 of the
Federal Court Rules.)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 147 of 1985
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GENERAL DIVISTON
BETWEEN : DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA Applicant and TERRULE PTY LTD. and GEOFFREY GEORGE MANNERS Respondents COURT: Woodward J. DATE: 4 July 1985 PLACE: Melbourne
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