MNWA Pty Ltd v Deputy Commissioner of Taxation (No 1) [2015] FCA 1011

FEDERAL COURT OF AUSTRALIA

MNWA Pty Ltd v Deputy Commissioner of Taxation (No 1) [2015] FCA 1011 Citation: MNWA Pty Ltd v Deputy Commissioner of Taxation (No 1) [2015] FCA 1011

Parties: MNWA PTY LTD (FORMERLY KNOWN AS MAMMOTH NOMINEES PTY LTD) and GUCCE HOLDINGS PTY LTD v DEPUTY COMMISSIONER OF TAXATION

File number(s): NSD 980 of 2014 NSD 986 of 2014

Judge(s): GRIFFITHS J

Date of judgment: 10 September 2015

Catchwords: PRACTICE AND PROCEDURE – application for adjournment – where the plaintiffs sought at the commencement of hearing to introduce a new case different from that outlined in the filed submissions

Legislation: Corporations Act 2001 (Cth) s 459J(1)(b)

Date of hearing: 10 September 2015

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 11

Counsel for the Plaintiffs: Mr M Robertson QC with Mr C Peadon

Solicitor for the Plaintiffs: Wilson & Atkinson

Counsel for the Defendant: Ms S Foda

Solicitor for the Defendant: ATO Review & Dispute Resolution

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 980 of 2014

BETWEEN: MNWA PTY LTD (FORMERLY KNOWN AS MAMMOTH NOMINEES PTY LTD)

Plaintiff

AND: DEPUTY COMMISSIONER OF TAXATION

Defendant

JUDGE: GRIFFITHS J DATE OF ORDER: 10 september 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The defendant's application for an adjournment is granted. 2. The plaintiff is to bear the defendant's costs thrown away by the adjournment. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.