IEL Finance Limited v Commissioner of Taxation [2006] FCA 1293

FEDERAL COURT OF AUSTRALIA

IEL Finance Limited v Commissioner of Taxation [2006] FCA 1293

PRACTICE AND PROCEDURE – summary judgment entered upon strike-out of initiating processes comprising statements of facts, issues and contentions pleaded by three corporately related taxpayers in complex revenue disputes – partial dismissal of taxpayers' appeals – primary ground of dismissal being abuse of process – secondary ground of dismissal Anshun estoppel – appropriate form of orders as to dismissal of parts of initiating processes of each applicant – order to be made as to costs

Taxation Administration Act 1953 (Cth) ss 14ZZO, 14ZZP, 14ZR(1), 14ZU, 14ZW, and 14ZZ Federal Court of Australia Act 1976 (Cth) ss 22 and 23 Federal Court Rules O 20 subrule 2(1)

IEL Finance Limited and Others v Commissioner of Taxation (2006) 62 ATR 165 referred to Commissioner of Taxation v Queensland Trading and Holding Company Limited [2006] FCAFC 112 discussed Hunter v Leahy and Others (1999) 91 FCR 214 cited IEL FINANCE LIMITED, QUEENSLAND TRADING AND HOLDING COMPANY LIMITED AND SPASSKED PTY LIMITED v COMMISSIONER OF TAXATION NSD 539 OF 2004 NSD 543 OF 2004 NSD 540 OF 2004 NSD 94 OF 2005

CONTI J

29 SEPTEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 539 OF 2004

BETWEEN: IEL FINANCE LIMITED

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: CONTI J

DATE OF ORDER: 29 september 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Paragraphs 5 to 16, 18, 21, 26 to 51, 60 to 62 and 65 to 67 of the applicant's amended statement of facts issues and contentions be struck out. 2. The applicant's appeal against the respondent's taxation objection decision so far as it relates to the assessment of the applicant's taxable income for the year ended 30 June 1993 be dismissed. 3. The applicant pay the respondent's cost of this motion and of the application to date. 4. The applicant be granted leave to file a further amended statement of facts, issues and contentions on or before 21 days from the date of this order. 5. The respondent have leave to file any reply to the applicant's further amended statement of facts, issues and contentions on or before 21 days from the date of service of the applicant's further amended statement of facts, issues and contentions. 6. The applicant be granted leave to file an application for leave to appeal and a notice of appeal from the judgment of Conti J dated 21 March 2006 and the foregoing orders on or before 20 October 2006. 7. The applicant's application for leave to appeal from the judgment of Conti J dated 21 March 2006 and the foregoing orders be heard concurrently with the applicant's appeal against such judgment and orders by a Full Court of this Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.