Commissioner of Taxation v Unilever Australia Securities Ltd [1995] FCA 167

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG438 of 1994 ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: COMMISSIONER OF TAXATION Appellant AND: UNILEVER AUSTRALIA SECURITIES LIMITED Respondent

COURT: LOCKHART, BEAUMONT & HILL JJ. PLACE: SYDNEY DATE: 30 MARCH 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. Order 5 made by the Court on 24 February 1995 be discharged and there be substituted therefor an order in the following terms: "5. There be no order with respect to the costs of either party of the proceeding at first instance or on appeal." 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. NG438 of 1994 ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: COMMISSIONER OF TAXATION Appellant AND: UNILEVER AUSTRALIA SECURITIES LIMITED Respondent COURT: LOCKHART, BEAUMONT & HILL JJ. PLACE: SYDNEY DATE: 30 MARCH 1995 REASONS FOR JUDGMENT LOCKHART J. and HILL J. On 24 February 1995 the Court gave judgment in this matter. The Court ordered by majority (Beaumont J. dissenting) that:- "1. The appeal be allowed. 2. The matter be remitted to Spender J. or other judge of the Court to determine the quantum of the profit arising in the year ended 30 June 1987; but the operation of this order be suspended for 28 days to allow the parties to agree, if possible, the amount of the profit arising. 3. The objection decision of the Commissioner, in respect of the assessment for income tax for the year ended 30 June 1987, be set aside, and in lieu thereof, the objection be allowed in part. 4. Subject to the determination by Spender J. or other judge of the Court, or as agreed, of the quantum of profit, the assessment be remitted to the Commissioner for reassessment in accordance with law. 5. The respondent pay the appellant's costs of the appeal and of the proceeding at first instance."