Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Queensland Maintenance Services Pty Ltd v Commissioner of Taxation (No 2) [2012] FCA 114 Citation: Queensland Maintenance Services Pty Ltd v Commissioner of Taxation (No 2) [2012] FCA 114
Parties: QUEENSLAND MAINTENANCE SERVICES PTY LTD (ACN 104 887 103) v COMMISSIONER OF TAXATION AND THE DEPUTY COMMISSIONER OF TAXATION and GOODSTART CHILDCARE LIMITED (ACN 139 967 794)
File number: QUD 130 of 2011
Judge: COLLIER J
Date of judgment: 21 February 2012
Catchwords: COSTS – costs of substantive decision follow event – whether costs of interlocutory application ought follow the event – administrators appointed to unsuccessful applicant – whether costs ought be fixed or taxed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Corporations Act 2001 (Cth) Pt 5.3A Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) s 39B Tax Administration Act 1953 (Cth) s 260-5 of Sch 1 Federal Court Rules O 62 r 4(2)(c) Federal Court Rules 2011 r 40.02(b)
Cases cited: Boyapati v Rockefeller Management Corporation (No 2) [2008] FCA 1375 cited Dalgety Wine Estates Pty Ltd v Rizzon (1979) 141 CLR 552 cited Forbes v New South Wales Trotting Club Ltd (1979) 143 CLR 242 cited Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2006] FCAFC 116 cited Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 6) [2011] FCA 688 cited Queensland Maintenance Services Pty Ltd v Commissioner of Taxation [2011] FCA 1443 cited
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