Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Borcherdt v Commissioner of Taxation (No 2) [2014] FCA 208 Citation: Borcherdt v Commissioner of Taxation (No 2) [2014] FCA 208
Appeal from: RJ Borcherdt & GP Scott Trading as Nymboida Native Timbers v Commissioner of Taxation [2011] AATA 939
Parties: RJ BORCHERDT & GP SCOTT TRADING AS NYMBOIDA NATIVE TIMBERS and ROBERT JOHN BORCHERDT v COMMISSIONER OF TAXATION
File number: QUD 90 of 2012
Judge: COLLIER J
Date of judgment: 12 March 2014
Catchwords: COSTS – applicant sought review of decision of Administrative Appeals Tribunal – respondent conceded part of applicant's claim before Tribunal – concession overlooked in final determination of Tribunal – application for review otherwise dismissed – costs follow event in absence of special circumstances – respondent liable for applicant's costs of pursuing concession – applicant otherwise liable for respondent's costs of and incidental to proceedings
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2)
Cases cited: Hughes v Western Australian Cricket Association (Inc.) (1986) ATPR 40-748 cited
Date of hearing: Heard on the papers
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 6
Counsel for the First and Second Applicants: Mr Borcherdt appeared on behalf of the Applicants
Counsel for the Respondent: Mr VG Brennan
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