Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BCI Finances Pty Ltd (in Liq) v Commissioner of Taxation (No 3) [2014] FCA 958 Citation: BCI Finances Pty Ltd (in Liq) v Commissioner of Taxation (No 3) [2014] FCA 958
Parties: BCI FINANCES PTY LIMITED (IN LIQ), ANDREW BINETTER, GARY BINETTER and MARGARET BINETTER v COMMISSIONER OF TAXATION
File number: NSD 626 of 2011
Judge: EDMONDS J
Date of judgment: 10 September 2014
Catchwords: PRACTICE AND PROCEDURE – whether to grant leave to use documents in present proceeding to consider whether application should be made to set aside decisions in related proceeding – whether to grant leave to use documents in present proceeding in such an application – allegation that judgment in related proceeding procured by fraud – consideration of relevant circumstances and as to whether they constitute "special circumstances" sufficient to warrant a grant of leave
Cases cited: Australian Trade Commissioner v McMahon (1997) 73 FCR 211 cited Hearne v Street (2008) 235 CLR 125 cited Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 followed Rawson Finances Pty Ltd v Commissioner of Taxation (2013) 296 ALR 307 referred to Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 applied
Date of hearing: 19 August 2014
Place: Sydney
Division: GENERAL DIVISION
Category: CATCHWORDS
Number of paragraphs: 61
Solicitor for the Second Applicant: Polczynski Lawyers
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