Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anglo American Investments Pty Ltd (Trustee) v Commissioner of Taxation [2019] FCA 1027 File number: QUD 512 of 2018
Judge: LOGAN J
Date of judgment: 3 June 2019
Catchwords: PRACTICE AND PROCEDURE – release from the implied undertaking – where respondent seeks release from the implied undertaking in relation to affidavits and documents filed in other matters concerning entities related to the applicant – where affidavits and documents do not directly relate to a transaction at issue in the present proceedings – where materials sought to be used to the credit of a principal witness of the applicant – where that witness is subject to criminal proceedings on charges of attempting to pervert the course of justice. HELD – release from the implied undertaking granted. PRACTICE AND PROCEDURE – application for a certificate under s 128 of the Evidence Act 1995 (Cth) – application for a suppression order under s 37F of the Federal Court of Australia Act 1976 (Cth) – where application not made personally by the witness – where the witness was yet to give evidence – where the witness had not yet been asked questions which would give rise to an objection – where s 128 imposes a strict procedure for the granting of a certificate. HELD – applications for an s 128 certificate and for a suppression order premature and stood over to the trial.
Legislation: Evidence Act 1995 (Cth) ss 102, 103, 128 Federal Court of Australia Act 1976 (Cth) s 37F
Cases cited: Hua Wang Bank Berhad v Commissioner of Taxation (No 8) (2013) 96 ATR 576 Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 Linda Song v Ming Ying (2010) 79 NSWLR 442 Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd (No 4) [2011] 1 Qd R 145 Springfield Nominees Pty Ltd v Bridgelands Securities Limited (1992) 38 FCR 217 Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions (2018) 93 ALJR 1 X7 v Australian Crime Commission (2013) 248 CLR 92
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