Ashwick (Qld) No 127 Pty Ltd v Commissioner of Taxation [2008] FCA 764

FEDERAL COURT OF AUSTRALIA

Ashwick (Qld) No 127 Pty Ltd v Commissioner of Taxation [2008] FCA 764

ASHWICK (QLD) NO 127 PTY LTD & ORS v THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA VID 861 OF 2006 and those matters listed in the attached Schedule

RYAN J

27 MAY 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 861 of 2006

and those matters listed in the attached Schedule

BETWEEN: ASHWICK (QLD) NO 127 PTY LTD

Applicant

AND: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent JUDGE: RYAN J

DATE OF ORDER: 27 MAY 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondent have leave to amend his appeal statement to conform with the proposed amended appeal statement filed herein on 11 December 2007 as supplemented by the particulars furnished by letter from the respondent's solicitor dated 8 February 2008. 2. The applicants be at liberty to adduce orally from any deponent of an affidavit already filed herein, as part of that deponent's evidence-in-chief, evidence directed to whether EFG Australia Pty Ltd at any relevant time carried on a business of lending money ("the new question"). 3. The applicants have leave to file and serve, by a time to be directed during the course of the trial, any affidavit by any additional deponent on which they wish to rely in relation to the new question. 4. The respondent pay, in any event, the applicants' costs thrown away as a result of the amendment for which leave has been granted by paragraph 1 of this Order together with their costs of and incidental to the application for leave to amend. 5. Liberty be reserved to any party to apply at any time during the trial for further or other directions in relation to the new question or otherwise arising from these Orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA