Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Croker v Commissioner of Taxation [2009] FCA 353
PRACTICE AND PROCEDURE – notice of motion for leave to appeal – whether Court has jurisdiction to hear a claim with respect to the tort of misfeasance in public office – whether primary judge's decision attended with sufficient doubt to warrant reconsideration on appeal COSTS – whether indemnity costs order should be made Held: notice of motion dismissed and indemnity costs order made Judiciary Act 1903 (Cth) Croker v Commissioner of Taxation [2006] FCA 372 Croker v Commissioner of Taxation (2006) 62 ATR 519; [2006] FCA 720 Croker v Commissioner of Taxation for the Commonwealth of Australia [2009] FCA 275 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 CLAYTON ROBERT CROKER v COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA
NSD 226 of 2009
JAGOT J
8 APRIL 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 226 of 2009
BETWEEN: CLAYTON ROBERT CROKER
Applicant
AND: COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: JAGOT J
DATE OF ORDER: 8 APRIL 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal by way of notice of motion filed 19 March 2009 be dismissed. 2. The applicant is to pay the respondent's costs on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 226 of 2009
BETWEEN: CLAYTON ROBERT CROKER
Applicant
AND: COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: JAGOT J
DATE: 8 APRIL 2009
PLACE: SYDNEY
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