Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ashwick (Qld) No 127 Pty Ltd v Commissioner of Taxation [2008] FCA 853
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
4 june 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: 4 JUNE 2008
PLACE: MELBOURNE
REASONS FOR RULING ON ADMISSIBILITY OF EXPERT EVIDENCE OF DR LANGE AND MR BARTLE 1 The respondent, the Commissioner of Taxation ("the Commissioner"), has sought to introduce into evidence in these proceedings two affidavits by expert witnesses, Dr Helen Patricia Lange, and Mr James Bartle. Dr Lange's affidavit, sworn on 30 November 2007, exhibits as annexure A, a report of some 29 pages, together with appendices. She has expertise in economics, econometrics, and business management, particularly financial management, and is currently the Dean, Business Management Programs, for Universitas 21 Global. Objection has been taken by Counsel for the applicants to the admission into evidence of the whole and any part of each of Dr Lange's report and Mr Bartle's report. 2 As I understand it, that evidence is directed to the issues of whether, at any time to which the taxation assessments in question relate, EFG Australia Pty Ltd carried on "a business of lending money," and whether loans made to Elfic Pty Ltd ("ELFIC") and EFG Securities Pty Ltd ("Securities") were made in the ordinary course of such a business. The phrase "business of lending moneys" to be found in s 25-35(1) of the Income Tax Assessment Act 1997 (Cth) ("the 1997 Assessment Act") which provides; 'You can deduct a debt (or part of a debt) that you write off as bad in the income year if –
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