Deputy Commissioner of Taxation v State Grid International Australia Development Company Limited (Application for Non-Publication Orders No 1) [2022] FCA 577

Federal Court of Australia

Deputy Commissioner of Taxation v State Grid International Australia Development Company Limited (Application for Non-Publication Orders No 1) [2022] FCA 577 File number(s): NSD 88 of 2022

Judgment of: THAWLEY J

Date of judgment: 18 May 2022

Date of publication of reasons: 21 June 2022

Catchwords: PRACTICE AND PROCEDURE – application for non-publication orders pursuant to s 37AF Federal Court of Australia Act 1976 (Cth) – whether orders necessary to prevent prejudice to the proper administration of justice – where information claimed to be commercially sensitive – where information claimed to concern commercial transactions of third parties – where respondent claimed it had a limited opportunity to object to admissibility or relevance of evidence when it was read in court – application granted in part

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG, s 37AJ. Federal Court Rules 2011 (Cth) r 2.32 Taxation Administration Act 1953 (Cth) s 8WB

Cases cited: Deputy Commissioner of Taxation v State Grid International Australia Development Company Limited [2022] FCA 139 Motorola Solutions, Inc v Hytera Communications Corporation Ltd (No 2) [2018] FCA 17

Division: General Division

Registry: New South Wales

National Practice Area: Taxation

Number of paragraphs: 19

Solicitor for the Applicant: Craddock Murray Neumann

Solicitor for the Respondents: White & Case

ORDERS NSD 88 of 2022

BETWEEN: DEPUTY COMMISSIONER OF TAXATION Applicant

AND: STATE GRID INTERNATIONAL AUSTRALIA DEVELOPMENT COMPANY LIMITED First Respondent