Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner for Taxation v Starbrake Holdings Pty Limited [2016] FCA 48 File number: WAD 602 of 2015
Judge: MCKERRACHER J
Date of judgment: 3 February 2016
Catchwords: COSTS – dismissal of substantive application – no longer utility in court determining substantive question in application – general rule that no order as to costs where both parties acted reasonably in commencing proceedings and continued to be reasonable until it was dismissed –whether court is satisfied that one party was almost bound to succeed if the matter had gone to hearing – purpose of finality of litigation – submitting notices filed by the respondents
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 39B
Cases cited: Akiba on behalf of the Torres Strait Regional Sea Claim Group v State of Queensland (2010) 184 FCR 406 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 South East Queensland Electricity Board v Australian Telecommunications Commission [1989] FCA 20 Travaglini v Raccuia [2012] FCA 620 Trustee for the Starbrake Holdings Trust & Gucce Holdings Pty Ltd and Commissioner of Taxation (Taxation) [2015] AATA 661
Date of hearing: 3 February 2016
Registry: Western Australia
Division: General Division
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate