NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kupang Resources Pty Ltd v Commonwealth of Australia [2021] NSWSC 1580 Hearing dates: 17 November 2021 Decision date: 07 December 2021 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The notice of motion filed by the defendant on 13 October 2021 be dismissed with costs. (2) Matter be listed for directions on 10 December 2021. Catchwords: CIVIL PROCEDURE — Notices to produce — Whether documents sought by the plaintiff are protected information under s 355-30 of the Taxation Administration Act 1953 (Cth) — Whether notice to produce requires disclosure to the Court Legislation Cited: Income Tax Assessment Act 1936 (Cth) Taxation Administration Act 1953 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barnes v Addy (1874) LR 9 Ch App 244 Federal Commissioner of Taxation v Tamarama Fresh Juices Australia Pty Ltd (2017) 252 FCR 471; [2017] FCAFC 154 Javorsky v Federal Commissioner of Taxation [2005] NSWSC 167; (2005) 216 ALR 619 Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Category: Procedural rulings Parties: Kupang Resources Pty Ltd (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: CH Withers SC with C Tam (Plaintiff) JA Hogan-Doran SC with E Ball (Defendant)
Solicitors: Banton Group (Plaintiff) Australian Government Solicitor (Defendant) File Number(s): 2020/106859 Publication restriction: None
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