Federal Court of Australia
ABQ. -
CATCHWORODS
Practice and Procedure - application for leave to appeal under
Income Tax Assessment Act (Cth) 1936 - relevant considerations -
Income Tax Assessment Act 1936 ss. 187(1)(6), 196 and 200.
Practice and Procedure - stay of execution pending appeal - Rules
of Court - relevant provisions of Income Tax Assessment Act 1936.
Federal Court Rules 019 r 2, 052 ry 17.
Income Tax Assessment Act 5.201.
THE COMMISSIONER OF TAXATION - AND -
MARSHALL and BROUGHAM PTY. LTD.
FISHER J.
ADELAIDE
5 NOVEMBER 1986
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IN_THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No.G47 of 1986
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GENERAL DIVISION BETWEEN: THE COMMISSIONER OF TAXATION Applicant - and - MARSHALL and BROUGHAM PTY.LTD.
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : FISHER J. WHERE MADE : ADELAIDE
5 NOVEMBER 1986
DATE OF ORDER
THE COURT ORDERS THAT:
1. Leave to appeal be granted to the applicant.
2. Execution of the judgment of the Supreme Court of South
Australia dated 11 August 15986 be stayed until the
hearing and determination of the appeal to this Court or
further order.
3. Cost of these two applications be costs in the cause.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. G47 of 1986
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GENERAL DIVISTON BETWEEN: THE COMMISSIONER OF TAXATION Applicant - and - MARSHALL and BROUGHAM PTY. LTD.
Respondent
REASONS FOR JUDGMENT
CORAM: Fisher d.
5 November 1986
In this matter the Commissioner of Taxation ("the Commissioner") seeks leave to appeal against a judgment of a single judge of the Supreme Court of South Australia. He also by notice of motion seeks a stay of execution anda stay of any enforcement proceedings under that judgment. Tt was necessary for the Commissioner to obtain leave in this matter to appeal to this Court because of the provisions of s.196 of the Income Tax Assessment Act 1936. The parties agreed that this section
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