Rio Tinto Ltd v Commissioner of Taxation [2005] FCA 1408

FEDERAL COURT OF AUSTRALIA

Rio Tinto Ltd v Commissioner of Taxation [2005] FCA 1408 RIO TINTO LIMITED, HAMERSLEY IRON PTY LIMITED and ARGYLE DIAMONDS LIMITED v THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA V548-556 OF 2003 SUNDBERG J 30 SEPTEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V548-556 OF 2003

BETWEEN: RIO TINTO LIMITED

(ABN 96 004 458 404)

APPLICANT IN V548, 559 & 550 OF 2003

HAMERSLEY IRON PTY LIMITED

(ABN 49 004 558 276)

APPLICANT IN V552, 553 & 554 OF 2003

ARGYLE DIAMONDS LIMITED

(ABN 36 009 102 621)

APPLICANT IN V551, 555 & 556 OF 2003

AND: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 30 SEPTEMBER2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. On or before 28 October 2005 the applicants file and serve on the respondent a document allocating each of the documents in their List of Documents dated 31 May 2005 and their Supplementary List of Documents dated 20 July 2005 ("the Lists") to one or more of the classes 2 to 5 set out in Schedule 3 of the firstmentioned List. 2. On or before 28 October 2005 (a) the applicants file and serve on the respondent any notice of motion and further supporting affidavit seeking leave to mask portions of documents in the Lists ("the documents") indicating the ground or grounds on which leave to mask each document is sought; (b) the applicants file and serve on the respondent a folder marked "Confidential Masked Documents" containing copies of the documents in a masked form, which folder may not be inspected by any other person without the leave of the Court; (c) the applicants file a folder marked "Confidential Unmasked Documents" containing copies of the documents in an unmasked form, which folder may not be inspected by the respondent or by any other person without the leave of the Court. 3. Insofar as the respondent's motion notice of which was filed on 1 July 2005, or motions made orally by the respondent's counsel at hearings on 7 July, 5 August or 24 August 2005, sought: (a) the filing and serving of separate lists of documents by Hamersley Iron Pty Limited and Argyle Diamonds Limited; and (b) the inclusion of documents in the Lists that are believed by the applicants to be already in the possession, custody or control of the respondent, that notice of motion, or motions, be dismissed. 4. There be no order as to costs in respect of the respondent's motion notice of which was filed on 1 July 2005 to the extent that the relief sought therein was determined by the reasons given on 22 September 2005 in Rio Tinto Ltd v Commissioner of Taxation [2005] FCA 1335.