Helljay Investments v Dep Com of Tax

[1999] HCATrans 315

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S18 of 1999

B e t w e e n -

HELLJAY INVESTMENTS PTY LTD

Applicant

and

DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

For Judgment

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 OCTOBER 1999, AT 9.16 AM

Copyright in the High Court of Australia

HIS HONOUR:   In my opinion, the application for removal should be dismissed and orders made that James Joseph Murphy pay the costs of the Liquidator of Helljay Pty Ltd (In liquidation) and the costs of the respondent of and incidental to the application for removal, such costs to be taxed on the basis, in each case, that the costs include all costs except in so far as they are of an unreasonable amount or were unreasonably incurred so that, subject to such exceptions, each of the Liquidator and the respondent is completely indemnified by the said James Joseph Murphy for his costs.

I would certify for the attendance of counsel in chambers.

I publish my reasons.

There will be orders as follows:

1. Application for removal pursuant to section 40 of the Judiciary Act 1903 (Cth) dismissed.

2.  James Joseph Murphy pay the costs of the Liquidator of Helljay Pty Ltd (In liquidation) and the costs of the respondent of and incidental to the application for removal, such costs to be taxed on the basis, in each case, that the costs include all costs except in so far as they are of an unreasonable amount or were unreasonably incurred so that, subject to such exceptions, each of the Liquidator and the respondent is completely indemnified by the said James Joseph Murphy for his costs.

3.  Certify that this was a matter proper for the attendance of counsel in chambers.

I publish that order.

I will adjourn.

AT 9.18 AM THE MATTER WAS CONCLUDED