Ross Palmer Holdings v Commissioner of Taxation [2003] FCA 508

FEDERAL COURT OF AUSTRALIA

Ross Palmer Holdings v Commissioner of Taxation [2003] FCA 508

TAXATION – transfer of losses within company group – determination by Commissioner to disallow deductions - application for extension of time to transfer losses – exercise of discretion ADMINISTRATIVE LAW – decision of Commissioner to refuse application for extension of time to transfer losses – whether error of law in decision not to grant extensions of time

Administrative Decisions (Judicial Review) Act 1967 (Cth) s 5, s 16 Income Tax Assessment Act 1936 (Cth) ss 80G, 160ZP, 160ZD, 160ZH Johnson v Commissioner of Taxation (1986) 11 FCR 351 cited Hunter Valley Developments Pty Ltd & Ors v Minister for Home Affairs & Environment (1985-86) 58 ALR 305 referred to Brown v Federal Commissioner of Taxation (1999) 99 ATC 4516 applied Zizza v Federal Commissioner of Taxation (1999) 99 ATC 4711 cited Elias v Commissioner of Taxation [2002] FCA 845 cited Comcare v A'Hearn (1993) 119 ALR 85 approved Asiamet No 1 Resources Pty Ltd v Federal Commissioner of Taxation [2003] FCA 35 approved House v The King (1936) 55 CLR 499 referred to ROSS PALMER HOLDINGS PTY LTD v COMMISSIONER OF TAXATION and TUBE SECURITIES PTY LTD v COMMISSIONER OF TAXATION No Q 282 of 2001 No Q 283 of 2001 SPENDER J BRISBANE 23 MAY 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 282 OF 2001

BETWEEN: ROSS PALMER HOLDINGS PTY LTD

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

AND BETWEEN: TUBE SECURITIES PTY LTD Q 283 OF 2001

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 23 MAY 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. In each proceeding, the decisions of the respondent refusing an extension of time be set aside. 2. The applications for an extension of time be remitted to the respondent for further consideration in accordance with law. 3. The respondent is to pay the applicants' costs of the applications, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.