Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
L & A Maglio Pty Ltd v Commissioner of Taxation [2007] FCA 1365 PRACTICE AND PROCEDURE – costs – taxation appeal allowed by consent – whether costs should follow the event
Federal Court of Australia Act 1976 (Cth) s 43 Income Tax Assessment Act 1936 (Cth) s 51 Income Tax Assessment Act 1997 (Cth) s 8-1 Taxation Administration Act 1953 (Cth) Pt IVC
Cajkusic v Commissioner of Taxation (2006) 155 FCR 430 Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168 Cirillo v Consolidated Press Property Ltd (No 2) [2007] FCA 179 Findlay v Commissioner of Taxation [2002] FCA 1074 Yates Property Corporation Pty Ltd v Boland (2000) 179 ALR 664
L & A MAGLIO PTY LTD v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA VID 1546, 1550 OF 2004
PRESTON POINT PTY LTD v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
VID 1551, 1555 OF 2004
VID 327 OF 2006
PA & LR PTY LTD v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
VID 1556, 1560 OF 2004
BANNISTER FORGE PTY LTD v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
VID 1603 OF 2004
vid 326 of 2006
MAGCHIA PTY LTD v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
VID 328 OF 2006
COLAND ENTERPRISES PTY LTD v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
VID 329 OF 2006
GORDON J
29 AUGUST 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1546, 1550 OF 2004
BETWEEN: L & A MAGLIO PTY LTD
Applicant
AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: GORDON J DATE OF ORDER: 29 AUGUST 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. By consent, the appeal is discontinued. 2. The respondent pay the applicant's cost of the proceeding up to and including 31 August 2005.
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