Coles Myer Finance Ltd v The Commissioner of Taxation

[1993] HCATrans 119

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M33 of 1991

B e t w e e n -

COLES MYER FINANCE LIMITED

Appellant

and

THE COMMISSIONER OF TAXATION OF

THE COMMONWEALTH OF AUSTRALIA

Respondent

Formal order

MASON CJ
DEANE J
DAWSON J
TOOHEY J

McHUGH J

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TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 19 MAY 1993, AT 10.20 AM

Copyright in the High Court of Australia

MASON CJ: This case was heard in Canberra and judgment was

handed down on 29 April 1993. The matter was stood

over until today for the making of final orders and

the parties were directed to bring in minutes of

order. The Court now makes the following orders:

Appeal allowed with costs.

Set aside the orders of the Full Court of the

Federal Court and in lieu thereof answer the

questions in the special case referred to that

court as follows:

First Question:  On the facts stated in this

special case does the amount of $2,375,579, or some

other and what amount constitute, within the

meaning of section 51(1) of the Income Tax

Assessment Act 1936, a loss or outgoing incurred by

the applicant -

(a) in the year of income ended 30 June 1984;

(b) in the year of income ended 30 June 1985;

(c) partly and to what extent in the year of

income ended 30 June 1984 and partly and to

what extent in the year of income ended

30 June 1985?

Answer: (a) Yes, as to part of the amount.

(b) Yes, as to part of the amount.

(c) yes -

(i)  in the year of income ended 30 June 1984,

the amount of $538,460; and

(ii)	in the year of income ended 30 June 1985,
the amount of $1,837,119.

Second Question:  On the facts stated in this

special case does the amount of $2,359,893, or some

other and what amount constitute, within the

meaning of section 51(1) of the Income Tax

Assessment Act 1936, a loss or outgoing incurred by the applicant -

(a) in the year of income ended 30 June 1984;

(b) in the year of income ended 30 June 1985;

(c) partly and to what extent in the year of

income ended 30 June 1984 and partly and to

what extent in the year of income ended 30

June 1985?

Coles(3) 2 19/5/93

Answer: (a) Yes, as to part of the amount.

(b) Yes~ as to part of the amount.

(c) yes -

(i) in the year of income ended 30 June 1984,

the amount of $1,618,805; and

(ii) in the year of income ended 30 June 1985,

the amount of $741,088.

The respondent to pay the appellant's costs in the special case in the Federal Court.

AT 10.23 AM THE MATTER WAS ADJOURNED SINE DIE

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