Deputy Commissioner of Taxation v Chemical Trustee Limited (No 5) [2012] FCA 1066

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Chemical Trustee Limited (No 5) [2012] FCA 1066 Citation: Deputy Commissioner of Taxation v Chemical Trustee Limited (No 5) [2012] FCA 1066

Parties: DEPUTY COMMISSIONER OF TAXATION v CHEMICAL TRUSTEE LIMITED

File number: NSD 1407 of 2012

Judge: PERRAM J

Date of judgment: 26 September 2012

Catchwords: COSTS – Indemnity costs – application for indemnity costs for bringing witness from Melbourne to Sydney for cross-examination on two interlocutory applications – where application not pursued at first hearing – where application refused at second hearing – whether indemnity costs should be awarded

Cases cited: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 cited

Date of hearing: 26 September 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 6

Counsel for the Applicant: J Morris

Solicitor for the Applicants: Australian Government Solicitor

Counsel for the Respondent: J Hyde Page

Solicitor for the Respondent: Henry Davis York

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1407 of 2012

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: CHEMICAL TRUSTEE LIMITED

Respondent

JUDGE: PERRAM J DATE OF ORDER: 26 sEPTEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Respondent pay the applicant's costs of bringing Mr Zafiriou to Sydney. 2. Otherwise, costs be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.