Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
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NOT FOR DISTRIBUTION
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WILCOX J SYDNEY
25 JUNE 1986
No. G.386 of 1984
SWISS ALUMINIUM AUSTRALIA LIMITED
Applicant
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent
MINUTES OF ORDER
THE COURT ORDERS BY CONSENT THAT:
The application is dismissed.
The respondent pay to the applicant its costs of the
Application.
'
NOTE
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.386 of 1984
GENERAL DIVISION
BETWEEN: SWISS ALUMINIUM AUSTRALIA LIMITED
Applicant
AND: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 25 JUNE 1986
EXTEMPORE REASONS FOR JUDGMENT
The application by Swiss Aluminium Australia Limited
for review under the Administrative Decisions (Judicial Review) Act 1977 has been dismissed because of a concession
made by the respondent Commissioner of Taxation extending time
for payment of the tax payable by the company under
assessments of income tax relating to the years ending 31 December 1978 and 31 December 1979. The terms of the extension granted by the Commissioner are not identical to those sought by the applicant but it is fair to say that the applicant has obtained a significant measure of success in the
course which it has been taking.
The Commissioner has agreed to pay the general costs of the proceedings in this Court; apparently in recognition of the fact that the applicant has achieved substantial success. However, there is a difference of view between the respective solicitors regarding certain costs sought to be obtained by the applicant. In relation to those matters the respondent's solicitor argues that costs should not be allowed because they were incurred through the fault of, or as a
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