Australian and New Zealand Savings Bank Ltd v The Commissioner of Taxation of the Commonwealth of Australia

[1993] FCA 398

39% 7

JUDGMENT No. ...... , .,..,..,,. J ,........ ;r

IN THE FEDERAL COURT OF AUSTRALIA )

)

VICTORIAN DISTRICT REGISTRY	)	No VG396 of 1992
)
GENERAL DIVISION	1

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	AUSTRALIAN AND NEW ZEALAND SAVINGS BANK LIMITED
Appellant

m:	THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent

C O W :  DAVIES, HILL & HEEREY JJ

PLACE: MELBOURNE

DATED :  16 JUNE 1993

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. Appeal allowed.

2.    That the orders made below be set aside and that there be substituted in lieu thereof the following orders:

(a)	That the objection decision of the respondent Commissioner be set aside and that in lieu thereof the objection lodged by the applicant against the assessment to income tax in respect of the year of income ended 30 September 1987 be allowed.
(b)	That the Commissioner pay the applicant's costs of the application, including reserved costs.

Note:	Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.

3.   The Commissioner pay the applicant's costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA )

)

VICTORIAN DISTRICT REGISTRY	)	No VG396 of 1992
)
GENERAL DIVISION	)

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	AUSTRALIAN AND NEW ZEALAND SAVINGS BANK LIMITED
Appellant

m:	THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent

CORAM :	DAVIES, HILL & HEEREY JJ
PLACE	: MELBOURNE
DATED:	16 JUNE 1993

REASONS FOR JUDGMENT

THE COURT:

This appeal from a judge of the Court concerns the 1987 year of income. It raises precisely the same issues as were raised in the appeal No 397 of 1992, judgment in which was given on 10 June last.

For the reasons glven in that ludgment we are of the

view by majority (Davies J dissenting) that this appeal should

also be allowed with costs.

I certify that this page
is a true copy of the Reasons
for Judgment herein of his Honour

Mr Justice Hill.

Associate: 7.klqf*-h
Date: 16 June 1993

Counsel and Solicitors	D.H. Bloom QC, B.J. Sullivan,
for Appellant:	R.F. Edmonds instructed by Freehill Hollingdale & Page
Counsel and Solicitors	B J Shaw QC, G T Pagone and
for Respondent:	J L OrDonnell instructed by the Australian Government Solicitor
Date of Hearing:	14-15 April 1992
Date Judgment Delivered:	16 June 1993