Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pinot Nominees Pty Ltd v Commissioner of Taxation [2009] FCA 1508
EVIDENCE – parties attended a Court ordered mediation conference – whether evidence of communications of offer of compromise made at the mediation conference admissible on the question of costs. COSTS – whether Commissioner acted unreasonably in not accepting offer of compromise - obligation on Commonwealth to act as a model litigant – whether compassionate considerations a relevant factor. Income Tax Assessment Act 1936 (Cth) s 167 Federal Court of Australia Act 1976 (Cth) ss 53A, 53A(1), 53B Evidence Act 1995 (Cth) s 131, 131(1), 131(2)(h) Civil Procedure Act 2005 (NSW) s 30(4), 30(4)(a) Legal Services Directions 2005 (Cth) App B Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd (2007) 71 NSWLR 140 Silver Fox Co Pty Ltd (as Trustee for the Baker Family Trust) v Lenard's Pty Ltd (No 3) (2004) 214 ALR 621 Marks v GIO Australia Holdings Limited (No 2) (1996) 66 FCR 128 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (No 3) (2002) ATPR 41-901 Australian Competition and Consumer Commission v Black on White [2002] FCA 1605 Grofam Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia (1997) 97 ATC 4656 Oshlack v Richmond River Council (1998) 193 CLR 72 PINOT NOMINEES PTY LTD (ACN 008 936 374) v THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
WAD 67 of 2007
SIOPIS J
15 december 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
general division WAD 67 of 2007
BETWEEN: PINOT NOMINEES PTY LTD (ACN 008 936 374)
Applicant
AND: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 15 december 2009
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