Professional Administration Service Centres Pty Limited v Deputy Commissioner of Taxation [2012] FCA 278

FEDERAL COURT OF AUSTRALIA

Professional Administration Service Centres Pty Limited v Deputy Commissioner of Taxation [2012] FCA 278 Citation: Professional Administration Service Centres Pty Limited v Deputy Commissioner of Taxation [2012] FCA 278

Parties: PROFESSIONAL ADMINISTRATION SERVICE CENTRES PTY LIMITED ABN 30 109 055 049 v DEPUTY COMMISSIONER OF TAXATION

File number(s): NSD 449 of 2010

Judge: EMMETT J

Date of judgment: 2 March 2012

Legislation: Federal Court Rules 2011 r 5.23

Date of hearing: 2 March 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 6

Solicitor for the applicant: R Luk of Knightsbridge North Lawyers

Counsel for the respondent: J Hmelnitsky

Solicitor for the respondent: Maddocks

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 449 of 2010

BETWEEN: PROFESSIONAL ADMINISTRATION SERVICE CENTRES PTY LIMITED ABN 30 109 055 049

Applicant

AND: DEPUTY COMMISSIONER OF TAXATION

Respondent

JUDGE: EMMETT J DATE OF ORDER: 2 MARCH 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding be dismissed. 2. The applicant pay the respondent's costs of the proceeding. 3. Orders 1 and 2 be stayed up to and including 9 March 2012. 4. If, no later than 6 March 2012, the applicant: 4.1 Gives discovery in accordance with rules 20.16 and 20.17 of the Federal Court Rules 2011 of: 4.1.1 Any agreement or retainer for the matters the subject of the invoices set out in Schedule 1 to the interlocutory application filed on 2 November 2011, and all documents which record communications with the providers of those invoices in relation to any such agreement or retainer; 4.1.2 Documents which record communications with the providers of any of the invoices set out in Schedule 1, including, but not limited to, directions or instructions as to the manner in which invoices were to be provided; and 4.1.3 All invoices for the matters the subject of the invoices set out in Schedule 1; 4.2 Pursuant to rule 20.31(3) of the Federal Court Rules 2011, produces for inspection at the offices of Maddocks at Level 21, 123 Pitt Street, Sydney, NSW 2000 the documents called for in the Notice to Produce filed and served on 12 October 2011; and 4.3 Files an affidavit in proper form explaining why the orders of 14 November 2011 have hitherto not been complied with; the applicant be granted leave to apply to the Court on 9 March 2012 for Orders 1 and 2 to be rescinded. 5. No later than 12 noon on 5 March 2012, a copy of these orders be provided to Mr Ian Daley, the director of the applicant, at 29 Baileys Road, Tallai, Queensland. 6. The applicant's notice of motion be stood over to 9 March 2012. 7. The proceeding be listed for directions and interlocutory hearing at 9.30am on Friday, 9 March 2012. 8. The applicant pay the respondent's costs to date of the respondent's motion seeking summary dismissal of the proceeding, including the costs of today. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.