MCG Group Pty Ltd v Ftrus Pty Ltd (Formerly Fortrus Pty Ltd) [2016] FCA 697

FEDERAL COURT OF AUSTRALIA

MCG Group Pty Ltd v Ftrus Pty Ltd (Formerly Fortrus Pty Ltd) [2016] FCA 697 File number: QUD 107 of 2015

Judge: GREENWOOD J

Date of judgment: 10 June 2016

Catchwords: CONTRACTS – consideration of whether a contract was entered into between two individuals and entities under their control in relation to reimbursement payments to be made by the respondents to the applicant in respect of payments made by the applicant to the Commissioner of Taxation in respect of a tax liability of an entity called Fortrus Resources Pty Ltd

Date of hearing: 1-3 December 2015

Date of last submissions: 3 December 2015

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 133

Counsel for the Applicant: Mr M Martin QC

Solicitor for the Applicant: Mills Oakley

Counsel for the Respondents: Mr Conrick

Solicitor for the Respondents: Ellem Warren Lawyers

ORDERS QUD 107 of 2015

BETWEEN: MCG GROUP PTY LTD ACN 124 699 823 Applicant

AND: FTRUS PTY LTD ACN 101 141 851 (FORMERLY FORTRUS PTY LTD) First Respondent

PAUL GERARD MCDONALD

Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 10 JUNE 2016

THE COURT ORDERS THAT:

1. Judgment is given for the applicant against the respondents in an amount of $673,210.38. 2. The parties file within 7 days short submissions in relation to the question of the disposition of the costs of and incidental to the proceeding including reserved costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.