Federal Court of Australia
CATCHWORDS
Practice (Subpoenas) - Application to set aside subpoena for
production issued to stranger to mandamus application - subpoena
issued before final hearing fixed? - whether abuse of process.
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA; EX PARTE SWISS ALUMINIUM AUSTRALIA LIMITED
No. G.215 of 1986
Beaumont, J. Sydney 25 September 1986.
/ R70, ED - 26 SEP i206 \ FEDERAL COURT OF
\ AUSTRALIA
\ PRINCIPAL REGISTRY
~
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.215 of 1986
} GENERAL DIVISION }
Application for Writ of Mandamus AGAINST
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent EX PARTE:
SWISS ALUMINIUM AUSTRALIA LIMITED
Prosecutor
MINUTES OF ORDER Judge making order: Beaumont, J. Date order made: 25 September 1986 Where made: Sydney THE COURT ORDERS THAT:
i. The subpoenas addressed to Kaiser Alumina Australia Corporation and to Alcan South Pacific Limited and the notices of motion
filed on their behalf be stood over until further order.
2. Reserve liberty to apply on three days' notice.
3. Costs reserved.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.215 of 1986
) GENERAL DIVISION )
Application for Writ of Mandamus AGAINST.
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent EX PARTE: SWISS ALUMINIUM AUSTRALIA LIMITED
Prosecutor
CORAM: Beaumont, Jd.
DATED: 25 September 1986
REASONS FOR JUDGMENT
Before the Court are applications by Kaiser Alumina Australia Corporation ("Kaiser") and Alcan South Pacific Limited
("Alcan") to set aside subpoenas issued to them at the
request of the prosecutor, Swiss Aluminium Australia Limited.
In the principal proceedings, the prosecutor claims a writ of mandamus commanding the Commissioner to consider and deal with the income tax objections dated 17 August 1984 lodged by the
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