Dinning v Commissioner of Taxation [1999] FCA 1138

FEDERAL COURT OF AUSTRALIA

Dinning v Commissioner of Taxation [1999] FCA 1138 RUSSELL CRAIG DINNING, THOMAS JOSEPH RANIERE, PETER TANFANI CECIL, ROGER LEE DUNCAN, RONNIE JOE COLEMAN, ERIC LEE ROOTH, DARYL MARCELLUS PETERSEN, MAXWELL CHARLES KNIGHT v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA and FRANK LINSDELL V 269 of 1999

RYAN J MELBOURNE 13 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY V 269 of 1999

BETWEEN: RUSSELL CRAIG DINNING, THOMAS JOSEPH RANIERE, PETER TANFANI CECIL, ROGER LEE DUNCAN, RONNIE JOE COLEMAN, ERIC LEE ROOTH, DARYL MARCELLUS PETERSEN, MAXWELL CHARLES KNIGHT Applicants

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

First Respondent

and FRANK LINSDELL

Second Respondent

JUDGE: RYAN J

DATE: 13 AUGUST 1999

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. That in lieu of answering the question reserved by the order of Ryan J of 2 August 1999 for separate trial, it be declared that the employer of each of the applicants has at all material times been the company formerly registered as Ansett Transport Industries (Operations) Pty Ltd and now registered as Ansett Australia Ltd. 2. That the application be adjourned for further directions to 30 September 1999. 3. That any motion on notice by the applicants be made returnable on 30 September and be filed and served together with any affidavits in support by 16 September 1999. 4. That the costs of all parties of this day be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY V 269 of 1999

BETWEEN: RUSSELL CRAIG DINNING, THOMAS JOSEPH RANIERE, PETER TANFANI CECIL, ROGER LEE DUNCAN, RONNIE JOE COLEMAN, ERIC LEE ROOTH, DARYL MARCELLUS PETERSEN, MAXWELL CHARLES KNIGHT Applicants