Deputy Commissioner of Taxation v Chemical Overseas Limited [2021] FCA 602

Federal Court of Australia

Deputy Commissioner of Taxation v Chemical Overseas Limited [2021] FCA 602 File number: NSD 98 of 2021 NSD 1156 of 2018

Judgment of: LOGAN J

Date of judgment: 3 June 2021

Catchwords: TAXATION – parties promoted by consent orders giving judgment for the applicant and providing for an associated freezing order – whether Court should exercise discretion to make such orders – orders made in terms proposed

Division: General Division

Registry: New South Wales

National Practice Area: Taxation

Number of paragraphs: 4

Date of hearing: On the papers

NSD 98 of 2021 NSD 1156 of 2018

Solicitor for the Applicant: Australian Government Solicitor

Solicitor for the Respondent: Norton Rose Fulbright Australia

ORDERS NSD 98 of 2021

BETWEEN: DEPUTY COMMISSIONER OF TAXATION Applicant

AND: CHEMICAL OVERSEAS LIMITED Respondent

order made by: LOGAN J DATE OF ORDER: 3 June 2021

NOTING THE UNDERTAKING OF THE APPLICANT AT SCHEDULE A TO ANNEXURE A TO THESE ORDERS, THE COURT ORDERS BY CONSENT THAT:

1. There be judgment for the Applicant in the sum of $4,196,250.36. 2. Each party pay its own costs of the proceeding. 3. There be a freezing order against the Respondent in the terms specified in Annexure A to these orders until further order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ORDERS NSD 1156 of 2018

BETWEEN: DEPUTY COMMISSIONER OF TAXATION Applicant

AND: CHEMICAL TRUSTEE LIMITED Respondent

order made by: LOGAN J DATE OF ORDER: 3 june 2021

THE COURT ORDERS BY CONSENT THAT:

1. The freezing orders made on 18 December 2018 by Robertson J be discharged. 2. The undertakings given to the Court on 18 December 2018 by the Applicant be discharged. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.