Deputy Commissioner of Taxation v Hua Wang Bank Berhad (No 2) [2010] FCA 1296

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Hua Wang Bank Berhad (No 2) [2010] FCA 1296 Citation: Deputy Commissioner of Taxation v Hua Wang Bank Berhad (No 2) [2010] FCA 1296

Parties: DEPUTY COMMISSIONER OF TAXATION v HUA WANG BANK BERHAD

File number: VID 672 of 2010

Judge: KENNY J

Date of judgment: 25 November 2010

Catchwords: TAXATION – income tax – recovery action – application for summary judgment under s 31A – production of certified copies of assessments and evidentiary certificate – summary judgment awarded – Part IVC objections lodged – delay in determining objections – application for stay of proceedings or execution – stay application refused

Date of hearing: 22 November 2010

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 94

Counsel for the Applicant: Mr I D Martindale SC and Mr E F Wheelahan

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr D G Russell QC with Ms R L Seiden and Mr J Hyde Page

Solicitor for the Respondent: Henry Davis York

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 672 of 2010

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: HUA WANG BANK BERHAD

Respondent

JUDGE: KENNY J DATE OF ORDER: 25 NOVEMBER 2010 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant be granted leave to amend the notice of motion dated 8 October 2010 to substitute the amount of $6,532,792.77 for the amount of $2,091,319.86 in paragraph 1 of the notice of motion. 2. There be judgment for the applicant against the respondent, the Hua Wang Bank Berhad, in the amount of $6,600,368.54. 3. Save for the orders made at the hearing on 9 November 2010, the respondent's motion, notice of which is dated 8 November 2010, be otherwise dismissed. 4. The respondent's motion, notice of which is dated 16 November 2010, be dismissed. 5. The respondent pay the applicant's costs of the respondent's two motions and of the applicant's motion, notice of which is dated 8 October 2010. 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 Federal Law Search on the Court's website.