GKN Australia Ltd v Commissioner of Taxation

[1994] FCA 674

674       99

JUDGMENT Na ,..,,.,.I , . . , ,

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY )	No. NG 622 of 1993
GENERAL DIVISION

BFRSEEls a GKN AUSTRALIA LIMITED

Applicant

AlDDa COMMISSIONER OF TAXATION

Respondent

CORAW:	POSTER J
DA!rBa	25 AUGUST 1994

RECEIVED

PLACE a SYDNEY

24 SEP 1994

- ( Extempore )

HIS HOlsOIlRa This was a caee where unfortunately an order for coete was omitted at the conclueion of the judgment. I have re-read the judgment in light of the fact that thie application was being made. In my view it is a eituation where the applicant, having recovered a eubetantial amount and being eubatantially eucceeeful in its application, ehould, on ordinary principles, receive the coats of the application. I do not think it ie appropriate in thie caee to make any apportionment of the coete to take into account the some 20 per cent area in which it was uneucceesful. I simply order

that the respondent pay the cost8 of the proceedinge.

I certify that the preceding one (1) page is a true copy of the reasons for judgment herein of the Honourable Mr Justice M. L. Foeter.

Aeeociater

Date: 25 AUGUST 1994

A P P E A R A N C E S

COUNSEL FOR THE APPLICANT:	MR R. EDMONDS
A.J. LAW & CO

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. 'CO&S~L	P m	CPkE RESPONDENT:	MR S. GIBB
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INSTRUCTED BY :	AUSTRALIAN GOVERNMENT SOLICITOR
DATE OF HEARING:	25 AUGUST 1994

DATE OF JUDGMENT:  25 AUGUST 1994