Bartlett v Commissioner of Taxation; Falcetta v Commissioner of Taxation [2003] FCA 1427

FEDERAL COURT OF AUSTRALIA

Bartlett v Commissioner of Taxation; Falcetta v Commissioner of Taxation [2003] FCA 1427 COSTS – where the applicant was ultimately successful due to oral evidence provided by a witness,but wherethe critical element of the witness' evidence, on which the case depended, was not provided until during the course of cross examination. Ian Charles Bartlett v Commissioner of Taxation N793 OF 2002 Max Falcetta v Commissioner of Taxation N792 OF 2002 HILL J 8 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N793 OF 2002

BETWEEN: IAN CHARLES BARTLETT

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 8 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1 1 That order 3 of the orders made on 21 October 2003 be amended by deleting "$3,090" and substituting "$12690. 2 2. The Commissioner pay one half of the applicant's costs. 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 N792 OF 2002

BETWEEN: MAX FALCETTA

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 8 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Commissioner pay one half of the applicant's costs. 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 N793 OF 2002

BETWEEN: IAN CHARLES BARTLETT

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

N792 OF 2002 AND BETWEEN: MAX FALCETTA

APPLICANT

AND: COMMISSIONER OF TAXATION