Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Southgate Investments Funds Limited [2010] FCA 1298 Citation: Deputy Commissioner of Taxation v Southgate Investments Funds Limited [2010] FCA 1298
Parties: DEPUTY COMMISSIONER OF TAXATION v SOUTHGATE INVESTMENTS FUNDS LIMITED
File number: VID 888 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: 58
Counsel for the Applicant: Mr I D Martindale SC with 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 888 of 2010
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
AND: SOUTHGATE INVESTMENTS FUNDS LIMITED
Respondent
JUDGE: KENNY J DATE OF ORDER: 25 NOVEMBER 2010 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. There be judgment for the applicant against the respondent, Southgate Investments Funds Limited, in the amount of $2,914,450.64. 2. 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. 3. The respondent's motion, notice of which is dated 16 November 2010, be dismissed. 4. 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.
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