Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McDermott Industries (Aust) Pty Ltd v Commissioner of Taxation [2004] FCA 1299 COSTS – notice to admit facts – questions in fact directed to mixed issues of law and fact – whether costs apportionment appropriate Federal Court of Australia Act 1976 (Cth) s 43 Taxation Administration Act 1953 (Cth) Pt IVC
Federal Court Rules O 18 r 2, O 62 r 24 Hewlett Packard Pty Ltd v GE Capital Finance Pty Ltd [2003] FCAFC 278 cited Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 cited McDermott Industries (Aust) Pty Ltd v Commissioner of Taxation [2004] FCA 1004 cited Meadow Gem Pty Ltd v ANZ Executors and Trustees (unreported, Byrne J, 11 June 1996) considered Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [2001] FCA 227 followed Ruddock v Vadarlis (2001) 115 FCR 229 cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 cited MCDERMOTT INDUSTRIES (AUST) PTY LTD V COMMISSIONER OF TAXATION W51 of 2002 RD NICHOLSON J 7 OCTOBER 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W51 OF 2002
BETWEEN: MCDERMOTT INDUSTRIES (AUST) PTY LTD
APPLICANT
AND: COMMISSIONER OF TAXATION
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 7 OCTOBER 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. Save as provided for in order 2, the applicant shall pay the respondent's costs of this proceeding. 2. The respondent shall pay the applicant's costs of proving the facts referred to in paragraph 9 of the applicant's notice to admit facts dated 19 June 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W51 OF 2002
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