Chrubasik v National Australia Bank (No 2) [2009] FCA 826

FEDERAL COURT OF AUSTRALIA

Chrubasik v National Australia Bank (No 2) [2009] FCA 826

PROFESSOR DR. SIGRUN ADELINE CHRUBASIK and PROFESSOR DR. JOACHIM CHRUBASIK v NATIONAL AUSTRALIA BANK (ACN 004 044 937), COMMISSIONER OF TAXATION and DEPUTY COMMISSIONER OF TAXATION

NSD 337 of 2008

GORDON J

31 JULY 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY NSD 337 of 2008

GENERAL DIVISION

BETWEEN: PROFESSOR DR. SIGRUN ADELINE CHRUBASIK

First Applicant

PROFESSOR DR. JOACHIM CHRUBASIK

Second Applicant

AND: NATIONAL AUSTRALIA BANK (ACN 004 044 937)

First Respondent

COMMISSIONER OF TAXATION

Second Respondent

DEPUTY COMMISSIONER OF TAXATION

Third Respondent

JUDGE: GORDON J

DATE OF ORDER: 31 JULY 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Applicants' proceeding as against the First Respondent is dismissed. 2. The Applicants to pay the First Respondent's costs. 3. The First Respondent's costs be assessed in the gross sum of $22,000.00. 4. The costs of $22,000.00 that the Applicants are to pay are the costs of the First Respondent in the proceeding No (P)NSD 337 of 2008 up to and including 31 July 2009. 5. As against the Second and Third Respondents, the proceeding is dismissed and the Applicants are to pay the Second and Third Respondents' costs of the proceedings to be taxed in default of agreement. 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

VICTORIA DISTRICT REGISTRY NSD 337 of 2008

GENERAL DIVISION

BETWEEN: PROFESSOR DR. SIGRUN ADELINE CHRUBASIK

First Applicant

PROFESSOR DR. JOACHIM CHRUBASIK