Deputy Commissioner of Taxation v Power Assets Holdings Limited (previously known as Hongkong Electric Holdings Ltd) [2013] FCA 708

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Power Assets Holdings Limited (previously known as Hongkong Electric Holdings Ltd) [2013] FCA 708 Citation: Deputy Commissioner of Taxation v Power Assets Holdings Limited (previously known as Hongkong Electric Holdings Ltd) [2013] FCA 708

Parties: DEPUTY COMMISSIONER OF TAXATION v POWER ASSETS HOLDINGS LIMITED (PREVIOUSLY KNOWN AS HONGKONG ELECTRIC HOLDINGS LTD)

File number: VID 516 of 2013

Judge: GORDON J

Date of judgment: 19 July 2013

Date of hearing: 19 July 2013

Date of last submissions: 19 July 2013

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 23

Counsel for the Applicant: Mr I Martindale SC with Mr S Linden

Solicitor for the Applicant: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 516 of 2013

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: POWER ASSETS HOLDINGS LIMITED (PREVIOUSLY KNOWN AS HONGKONG ELECTRIC HOLDINGS LTD)

Respondent

JUDGE: GORDON J DATE OF ORDER: 19 JULY 2013 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to r 17.04 of the Federal Court Rules 2011 (Cth) (the Rules), the applicant be granted leave to dispense with service on the respondent of the interlocutory application filed on 18 July 2013 and for the hearing of that interlocutory application to proceed ex parte in the absence of the respondent. 2. Pursuant to r 10.43 of the Rules, the applicant be granted leave to serve on the respondent in Hong Kong by international registered post with return receipt to the respondent's registered office at Hongkong Electric Centre, 44 Kennedy Road, Hong Kong: (a) the Originating Application and Statement of Claim filed on 19 June 2013; (b) any amended Statement of Claim; (c) the applicant's genuine steps statement filed on 19 June 2013; (d) the applicant's Interlocutory Application filed on 18 July 2013; (e) the Affidavit of Maria Victoria Llorca sworn on 17 July 2013; (f) these reasons for decision; and (g) a copy of these Orders. 3. The applicant forward a copy of the documents listed in paragraph 2 of this Order to Mr Michael Clough of King & Wood Mallesons, Level 50, Bourke Place, 600 Bourke Street, Melbourne, Victoria, 3000. 4. The respondent file a Notice of Address for Service in accordance with r 5.02 of the Rules within 28 days after service of the Originating Application upon it in accordance with paragraph 2 of this Order. 5. The matter be listed for directions at the Federal Court of Australia, 305 William Street, Melbourne, Victoria, 3000 at 9:30am on 30 August 2013. 6. Liberty to apply on 24 hours notice. 7. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011 (Cth).