Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Divas Beverages Holdings Ltd v Commissioner of Taxation [2018] FCA 803 File number(s): VID 1439 of 2016
Judge(s): DAVIES J
Date of judgment: 1 June 2018
Catchwords: COSTS – Appropriate cost orders in circumstances where applicant had partial success in application; whether costs should be apportioned on an issues basis; discretion as to costs under s 43 of the Federal Court of Australia Act
Legislation: A New Tax System (Wine Equalisation Tax) Act 1999 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Divas Beverages Holdings Ltd v Commissioner of Taxation [2018] FCA 576 Hughes v Western Australia Cricket Association (Inc) [1986] FCA 382 Shord v Commissioner of Taxation (No 2) [2018] FCAFC 27
Date of hearing: 6-7 March 2018
Date of last submissions: 11 May 2018
Registry: Victoria
Division: General Division
National Practice Area: Taxation
Category: Catchwords
Number of paragraphs: 5
Counsel for the Applicant: Mr M Flynn QC and Mr L Gentry
Solicitor for the Applicant: Finlaysons
Counsel for the Respondent: Mr S Sharpley QC and Mr S Linden
Solicitor for the Respondent: ATO Dispute Resolution
ORDERS VID 1439 of 2016
BETWEEN: DIVAS BEVERAGES HOLDINGS LTD Applicant
AND: COMMISSIONER OF TAXATION Respondent
JUDGE: DAVIES J DATE OF ORDER: 1 June 2018
THE COURT ORDERS THAT:
1. The respondent pay the costs of the applicant, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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