Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stallion (NSW) Pty Ltd v Commissioner of Taxation [2020] FCA 554 File number(s): NSD 1451 of 2019
Judge(s): JAGOT J
Date of judgment: 7 April 2020
Catchwords: PRACTICE AND PROCEDURE – application for security for costs of appeal– whether reasonable prospects of success on appeal – whether appellant's impecuniosity arises out of respondent's conduct – whether the appeals will be stifled or stultified if order for security made
Legislation: A New Tax System (Goods and Services Tax) Act 1999 (Cth) A New Tax System (Luxury Car Tax) Act 1999 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Angas Securities Limited v Savills (SA) Pty Ltd [2017] FCA 868 Elston v Commonwealth of Australia [2014] FCA 704 Capital Webworks Pty Ltd v Adultshop.com Ltd [2008] FCA 40 Cooper v Universal Music Australia Pty Ltd [2006] FCA 642 Cowell v Taylor (1885) 31 Ch D 34 Dye v Commonwealth Securities Limited [2012] FCA 992 J & M O'Brien Enterprises Pty Limited v The Shell Co of Australia Limited (No. 2) [1983] FCA 92; (1983) 70 FLR 261 Madgwick v Kelly [2013] FCAFC 61; (2009) 181 FCR 152 Mecrus Pty Ltd v Industrial Energy Pty Ltd [2015] FCA 103 Stallion (NSW) Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia [2019] FCA 1306
Date of hearing: 7 April 2020
Registry: New South Wales
Division: General Division
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