NSW Caselaw
New South Wales Supreme Court
CITATION : Commissioner of Taxation v Evenfont (No. 2) [2009] NSWSC 9
HEARING DATE(S) : Written submissions
JUDGMENT DATE : 30 January 2009
JUDGMENT OF : Bell JA at 1
Vary the costs order pronounced on 22 December 2008 as follows: 1. The plaintiff is to pay the defendants' costs up to and including 23 March 2007 on the ordinary basis and on and from 24 March 2007 on the indemnity basis. 2. The plaintiff is the pay the defendants' interest on the defendants costs provided that: (a) the interest shall be payable on such of those costs as are allowed on assessment; DECISION : (b) the interest shall be calculated at the rates prescribed in Schedule 5 to the Uniform Civil Procedure Rules 2005 (NSW); (c) the interest shall commence to accrue from the dates upon which the said allowed costs were paid to the defendants' solicitors; and (d) the interest shall accrue upon the earlier of: (i) the date that the said interest allowed costs are paid by the plaintiff to the defendants and, (ii) if the amount of the said allowed costs is lower than an amount offered in writing to be paid by the plaintiff to the defendants, the date that is 14 days after the date of such offer.
CATCHWORDS : EXCISE PROSECUTION - costs
Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Customs Act 1901 (Cth) Excise Act 1901 (Cth) Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY : Consequential orders
Chief Executive Officer of Customs v Corniche Motors Pty Ltd (2006) 65 ATR 236; [2006] WASC 280 Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd [2003] HCA 49; 216 CLR 161 CEO Customs v Afiouny [2007] NSWSC 724 Chief Executive Officer of Customs v Mak (2002) A Crim R 562; [2002] WASC 235 Commissioner of Taxation v Evenfont [2008] NSWSC 1371 CASES CITED : Chief Executive Officer of Customs v Evenfont [2007] NSWSC 431 Goulding v Penello (1999) 43 ATR 179; [1999] WASC 192 Gretton v Commonwealth of Australia [2007] NSWSC 149 Lahoud v Lahoud [2006] NSWSC 126 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Leichhardt Municipal Council v Green [2004] NSWCA 341 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) [2006] NSWCA 120; 67 NSWLR 706
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