Sole Luna Pty Ltd as Trustee for the PA Wade No 2 Settlement Trust v Commissioner of Taxation (No 2) [2019] FCA 1387

FEDERAL COURT OF AUSTRALIA

Sole Luna Pty Ltd as Trustee for the PA Wade No 2 Settlement Trust v Commissioner of Taxation (No 2) [2019] FCA 1387 File numbers: VID 309 of 2018 VID 310 of 2018 VID 311 of 2018

Judge: STEWARD J

Date of judgment: 30 August 2019

Catchwords: COSTS – where Commissioner of Taxation was successful in relation to issues on primary tax – where taxpayer was successful on the issue of penalties – whether each party should bear their own costs – whether costs should be apportioned

Cases cited: Sole Luna Pty Ltd as Trustee for the PA Wade No 2 Settlement Trust v Commissioner of Taxation [2019] FCA 1195

Date of hearing: Determined on the papers

Date of last submissions: 16 August 2019

Registry: Victoria

Division: General Division

National Practice Area: Taxation

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicants: Mr M Flynn, Q.C. with Dr J Jaques

Solicitor for the Applicants: Greenwoods & Herbert Smith Freehills

Counsel for the Respondent: Mr S Sharpley, Q.C. with Mr S Linden

Solicitor for the Respondent: MinterEllison

ORDERS VID 309 of 2018

BETWEEN: SOLE LUNA PTY LTD AS TRUSTEE FOR THE PA WADE NO 2 SETTLEMENT TRUST Applicant

AND: COMMISSIONER OF TAXATION Respondent

JUDGE: STEWARD J DATE OF ORDER: 30 august 2019

THE COURT ORDERS THAT:

1. The Respondent's objection decision with respect to penalty by assessment dated 21 June 2017 for the income year ended 30 June 2013 is set aside and the Applicant's objection against the penalty assessment is allowed. 2. The Applicant pay 75% of the Respondent's costs of the proceeding, including costs reserved on 18 May 2018 and 3 August 2018, as agreed or assessed. 3. The proceeding otherwise be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. VID 310 of 2018