Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Nicholls (No 3) [2009] FCA 785
Crimes Act 1914 (Cth) s 3E Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Magistrates Act 1999 (Cth)
Commissioner of Taxation v Pratt Holdings Pty Ltd (2004) 136 FCR 357 cited Deputy Commissioner of Taxation v Nicholls (No 2) [2009] FCA 234 referred to Deputy Commissioner of Taxation v Nicholls [2009] FCA 122 referred to Gold Securities Australia Pty Ltd v Siebe PLC (unreported, NSWSC, Giles J, 31 October 1990) applied Grant v Downs (1976) 135 CLR 674 applied National Crime Authority v S (1991) 29 FCR 203 applied Nicholls v Australian Federal Police (No 2) [2009] FCA 123 referred to Nicholls v Australian Federal Police (No 3) [2009] FCA 152 referred to Nicholls v Australian Federal Police [2009] FCA 15 referred to
DEPUTY COMMISSIONER OF TAXATION v ARTHUR CHRISTOPHER NICHOLLS
SAD 137 of 2008
MANSFIELD J
23 JULY 2009
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION SAD 137 of 2008
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
AND: ARTHUR CHRISTOPHER NICHOLLS
Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 23 JULY 2009
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. All material seized by the Australian Federal Police and the Australian Taxation Office pursuant to the search warrant executed on 6 May 2008, other than the following documents: Ÿ Term Sheet "3pm" Handwriting – 6 pages (4/05/2007) Ÿ Email Discussions – 4 & 8 May 2007/09:07 am & 8:11am (2 pages) Ÿ Spreadsheet of Whiteboard discussions (undated) (2 pages) Ÿ Paper-clip 3 pages "Nettina/Julian Gyngell discussions re 4 May 2007 08:54am Ÿ 08 May 2007 08:15am email re Citech Conference Call and the documents over which privilege is claimed as set out in the table annexed to the respondent's letter of 23 October 2008 and as acknowledged in the applicant's letter of 2 December 2008, be released to the applicant for inspection. 2. Order 1 hereof is stayed pending the hearing and determination of the appeal in SAD 138 of 2008. 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
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