Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Grimaldi (No. 3) [2009] FCA 740
INJUNCTION – Application for Mareva relief in respect of assets of foreign corporations – undertakings proffered to the Court EQUITY – consequences of the mixture of funds of several parties in an indistinguishable mass International Companies Act No. 32 of 1992 (Republic of Vanuatu) International Tax Agreements Act 1953 (Cth) Mutual Assistance in Criminal Matters Act 1992 (New Zealand) ss 56 and 58 Federal Court Rules Order 25A rules 5(4)-(5)
Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd (No. 3) [2009] FCA 335 Sutherland Re; French Caledonia Travel Service Pty Ltd (In Liq) (2003) 59 NSWLR 361 In Re Hallett's Estate: Knatchbull v Hallett (1880) 13 ChD 696 Taylor v Plumer (1815) 3 M&S 562; (1815) 105 ER 721 Brady v Stapleton (1952) 88 CLR 322
COMMISSIONER OF TAXATION v PHILLIP GRIMALDI, GARRY BONACCORSO, IFTC BROKING SERVICES LTD, MGG CAPITAL PTY LIMITED AS TRUSTEE FOR WEBTEL MANAGEMENT SUPER FUND and INTERNATIONAL FINANCE TRUST COMPANY LTD (FIFTH RESPONDENT ON THE NOTICE OF MOTION FILED IN COURT ON 11 MAY 2009)
NSD 407 of 2009
GRAHAM J
9 JULY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 407 of 2009
BETWEEN: COMMISSIONER OF TAXATION
Applicant
AND: PHILLIP GRIMALDI
First Respondent
GARRY BONACCORSO
Second Respondent
IFTC BROKING SERVICES LTD
Third Respondent
MGG CAPITAL PTY LIMITED AS TRUSTEE FOR WEBTEL MANAGEMENT SUPER FUND
Fourth Respondent
INTERNATIONAL FINANCE TRUST COMPANY LTD
Fifth Respondent (on the Notice of Motion filed in Court on 11 May 2009)
JUDGE: GRAHAM J
DATE OF ORDER: 9 JULY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicant's application for relief against the third respondent in terms of paragraph 4 of the Notice of Motion filed 11 May 2009 be dismissed. 2. The applicant's application for relief against the fifth respondent in terms of paragraph 6 of the Notice of Motion filed 11 May 2009 be dismissed. 3. The third and fifth respondents pay one quarter of the costs of the applicant of the Notice of Motion filed 11 May 2009. 4. Orders 1 and 2 may be entered forthwith but Order 3 shall not be entered before 17 July 2009.
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