Australian Communication Exchange Limited v Deputy Com of Tax

[2002] HCATrans 346

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B103 of 2001

B e t w e e n -

AUSTRALIAN COMMUNICATION EXCHANGE LIMITED

Applicant

and

DEPUTY COMMISSIONER OF TAXATION

Respondent

Application for special leave to appeal

GAUDRON J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 13 SEPTEMBER 2002, AT 11.45 AM

Copyright in the High Court of Australia

MR G.C. MARTIN, SC:    May it please the Court, I appear for the applicant.  (instructed by Corrs Chambers Westgarth)

MS J.J. BATROUNEY, SC:   If the Court pleases, I appear with MS M.M. BRENNAN, for the respondent.  (instructed by the Australian Government Solicitor)

GAUDRON J:   We see that the application is not opposed.

MS BATROUNEY:   That is correct, your Honour.

GAUDRON J:   We are independently of the view that it is a matter of importance which warrants the grant of special leave and, in the circumstances, we see no need to call on counsel unless they have something particularly they wish to say.

KIRBY J:   There is the application for leave to cross‑appeal, is there not?

MS BATROUNEY:   Yes.  That is my application, your Honour.

GAUDRON J:   And that is not opposed?

MR MARTIN:   That is not opposed, no, your Honour.

GAUDRON J:   No.  Well, in those circumstances, there will, in this matter, be a grant of special leave to appeal and a grant of special leave to cross‑appeal.

MS BATROUNEY:    Thank you, your Honour, counsel is happy.

GAUDRON J:   Would that matter conclude within a day?  It should, should it not?

MS BATROUNEY:    Yes, your Honour.  If not, half a day.  It is a very short point.

GAUDRON J:   Yes, thank you.

AT 11.46 AM THE MATTER WAS CONCLUDED