Coal Developments (German Creek) Pty Limited ACN 009 974 896 v Commissioner of Taxation [2007] FCA 1324

FEDERAL COURT OF AUSTRALIA

Coal Developments (German Creek) Pty Limited ACN 009 974 896 v Commissioner of Taxation [2007] FCA 1324

TAXATION - taxable income - carried-forward losses - same business test - carrying on a business - whether or not winding down a business can constitute carrying on a business - cessation of a business Taxation Administration Act 1953 (Cth) Income Tax Assessment Act 1997 (Cth)s 165-210

In re Dagnall Ex parte Soan & Morley [1896] 2 QB 407distinguished Meggot v Mills, 1 Ld Raym 286; 91 ERconsidered Ex parte Bamford (1809) 15 Ves Jun 449; 33 ER 824considered Theophile v The Solicitor-General [1950] AC 186cited In re Bird v Inland Revenue Commissioner [1962] 1 WLR 686cited In re a Debtor [1992] Ch 554cited Avondale Motors (Parts) Pty Ltd v Commissioner of Taxation (1971) 124 CLR 97considered Tryka Ltd v Newall (1963) 41 TC 146followed Northern Engineering Pty Ltd v Federal Commissioner of Taxation (1979) 42 FLR 301 applied South Behar Railway Company Ltd v Commissioners of Inland Revenue [1925] AC 476 distinguished Fielder Downs (WA) Pty Ltd v The Commissioner of Taxation [1980] QdR 283 discussed

COAL DEVELOPMENTS (GERMAN CREEK) PTY LIMITED ACN 009 974 896 v COMMISSIONER OF TAXATION QUD 369 OF 2006

DOWSETT J

28 AUGUST 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 369 OF 2006

BETWEEN: COAL DEVELOPMENTS (GERMAN CREEK) PTY LIMITED ACN 009 974 896

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: DOWSETT J DATE OF ORDER: 28 AUGUST 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the appeal be dismissed; and 2. the applicant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA