Hamersley Iron Pty Ltd v Commissioner of Taxation [2004] FCA 337

FEDERAL COURT OF AUSTRALIA

Hamersley Iron Pty Ltd v Commissioner of Taxation [2004] FCA 337 HAMERSLEY IRON PTY LIMITED v THE COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA V 552, V553 and V 554 OF 2003 SUNDBERG J 29 MARCH 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 552, V553 and V 554 OF 2003

BETWEEN: HAMERSLEY IRON PTY LIMITED (ABN 49 004 558 276)

APPLICANT

AND: THE COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 29 MARCH 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Within twenty eight days of the date of this order the Respondent file and serve a Statement of Facts, Issues and Contentions in compliance with Order 52B rule 5 of the Federal Court Rules.

2. The document filed on 15 September 2003 entitled "Respondent's Statement of Facts Issues and Contentions" be removed from the Court file.

3. The document filed on 24 October 2003 entitled "Respondent's Amended Statement of Facts Issues and Contentions" be removed from the Court file.

4. Any request for further and better particulars of the Respondent's Statement of Facts, Issues and Contentions filed and served pursuant to paragraph 1 be served by the Applicant within 28 days of receipt of that Statement.

5. The Respondent file and serve any such particulars within twenty eight days of receipt of the Applicant's request.

6. The Applicant file and serve its Statement of Facts, Issues and Contentions within twenty eight days of receipt of the Respondent's particulars of its Statement of Facts, Issues and Contentions.

7. The Respondent pay the Applicant's costs of the Respondent's motion notice of which was filed on 26 November 2003.

8. The Respondent's motion notice of which was filed on 4 December 2003 be dismissed.