Burwood High Pty Ltd v Commissioner of State Revenue

[2004] VSC 497

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMERCIAL AND EQUITY DIVISION
VICTORIAN TAXATION APPEALS

No. 5769 of 2004

BURWOOD HIGH PTY LTD (ACN 098 998 577)	Appellant
V
COMMISSIONER OF STATE REVENUE	Respondent

---

JUDGE:	Hollingworth J
WHERE HELD:	Melbourne
DATE OF HEARING:	25 November 2004
DATE OF JUDGMENT:	2 December 2004
MEDIUM NEUTRAL CITATION:	[2004] VSC 497

---

Practice and procedure – costs – proceeding ending without hearing – principles to be taken into account in deciding whether to make costs order – parties acted reasonably in prosecuting and defending the proceeding – no order made as to costs

---

APPEARANCES:	Counsel/solicitor	Solicitors
For the Appellant	Ms F Alpins (counsel)	Schetzer Brott & Appel
For the Respondent	Mr J Hall (solicitor)	Solicitor for the Commissioner of State Revenue

HER HONOUR:

1. This is one of four related proceedings in this court[1], each of which relates to the stamp duty payable under the Duties Act 2000 in respect of the acquisition of property by the relevant appellant.

   [1]Nos 5766, 5767, 5768 and 5769 of 2004.

1. For the reasons given in proceeding 5766 of 2004, I propose to order that the proceeding be struck out with a right of reinstatement and to make no order as to the costs of the proceeding.

---