Sharp & Anor v. The Deputy Commmissioner of Taxation for the Commonwealth of Australia & Ors [1988] FCA 76

t

A

JUDGMENT No. 7.7. OO.

CATCHWORDS

PRACTICE AND PROCEDURE - Principles upon which leave to appeal

may be granted from an interlocutory order.

Federal Court of Australia Act 1976, s.24(1A)

SHARP & ANOR -V~- THE DEPUTY COMMISSIONER OF TAXATION

FOR THE

COMMONWEALTH OF AUSTRALIA & ORS

NSW G.263 of 1988

Burchett J. Sydney 11 March 1988

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.263 of 1988

) GENERAL DIVISION )

BETWEEN:

JEFFREY RALPH SHARP

First Applicant

GREENWOODS & FREEHILLS PTY. LIMITED

Second Applicant AND:

THE DEPUTY COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA

First Respondent

AND: ROBERT FITTON Second Respondent AND: PETER HASSARANT Third Respondent AND:

MALCOLM RILEN

Fourth Respondent

MINUTE OF ORDER OF THE COURT

Judge Making Order: Burchett J. Where Made: Sydney Date of Order: ll March 1988

THE COURT ORDERS THAT:

(1) The applicants have leave to appeal from the decision of the Honourable Mr. Justice Beaumont delivered 7 March 1988.

(2)

(3)

NOTE:

Upon the applicants renewing until further order their existing undertakings to the Court it be directed that exhibit A be retained by the Court in a sealed envelope and not be made available for perusal by any person until further order.

Costs of this application be reserved.

Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G263 of 1988

BETWEEN: 2 iw]

AND:

JEFFREY RALPH SHARP

First Applicant

GREENWOODS & FREEHILLS PTY. LIMITED

Second Applicant

THE DEPUTY COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA

First Respondent

ROBERT FITTON

Second Respondent

PETER HASSARANI

Third Respondent

MALCOLM RILEN

Fourth Respondent

REASONS FOR JUDGMENT

BURCHETT J.

This 1S an application for leave to appeal made under