Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barossa Vines Limited v Commissioner for Taxation [2012] FCA 579 Citation: Barossa Vines Limited v Commissioner for Taxation [2012] FCA 579
Parties: BAROSSA VINES LIMITED v COMMISSIONER FOR TAXATION
File number: SAD 60 of 2012
Judge: LANDER J
Date of judgment: 7 June 2012
Catchwords: PRACTICE AND PROCEDURE – judicial review – application for leave to amend originating application and file statement of claim –application opposed – whether proposed amended originating application and statement of claim disclose a ground of review – whether proposed amended originating application and statement of claim vexatious – whether proceeding incompetent
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5, s 11 Federal Court Rules 2011 (Cth), r 31.05(1) Income Tax Assessment Act 1997 (Cth), s 35-55(1) Taxation Administration Act 1953 (Cth), s 357-1, s 358-1, s 358-5, s 358-10, s 358-20
Cases cited: Carey v Field (2002) 122 FCR 538 considered Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited
Date of hearing: 1 May 2012
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 77
Counsel for the Applicant: Dr C Bleby
Solicitor for the Applicant: Minter Ellison Lawyers
Counsel for the Respondent: Ms H Symon SC
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 60 of 2012
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