Fastbet Investments Pty Ltd v Deputy Commissioner of Taxation (No 4) [2018] FCA 1667

FEDERAL COURT OF AUSTRALIA

Fastbet Investments Pty Ltd v Deputy Commissioner of Taxation (No 4) [2018] FCA 1667 File number(s): QUD 547 of 2017

Judge(s): DERRINGTON J

Date of judgment: 6 November 2018

Catchwords: PRACTICE AND PROCEDURE – discovery – in Judicial Review Proceedings – no foundation shown for relief

Legislation: Freedom of Information Act 1982 (Cth) Taxation Administration Act 1953 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Expectation Pty Ltd v PRD Realty Pty Ltd [1999] FCA 1207 Fastbet Investments Pty Ltd v Deputy Commissioner of Taxation (No 3) [2018] FCA 1540 O'Sullivan v Parkin (2008) 169 FCR 283 Officine Meccaniche Toschi SpA v Cosco Holdings Pty Ltd [1992] 2 Qd R 418

Date of hearing: 31 October 2018

Registry: Queensland

Division: General Division

National Practice Area: Taxation

Category: Catchwords

Number of paragraphs: 37

Counsel for the Applicant: Mr J Fickling

Solicitor for the Applicant: Robson Legal

Counsel for the Respondent: Dr R Schulte

Solicitor for the Respondent: Australian Government Solicitor

ORDERS QUD 547 of 2017

BETWEEN: FASTBET INVESTMENTS PTY LTD ACN 124 463 770 Applicant

AND: DEPUTY COMMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA Respondent

JUDGE: DERRINGTON J DATE OF ORDER: 6 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The relief sought in sub-paragraphs 1(a), (f) and (g) of the Interlocutory Application filed 16 August 2018 is refused. 2. The Interlocutory Application is otherwise dismissed. 3. The matter is to be set down for a Case Management Hearing and the parties are to be heard on the questions of costs on 26 November 2018 at 10.15am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.