Hua Wang Bank Berhad v Commissioner of Taxation (No 14)

[2013] FCA 1096

Hua Wang Bank Berhad v Commissioner of Taxation (No 14) [2013] FCA 1096

This judgment is subject to a suppression order made by Justice Perram on 22 October 2013 and will not be published until the expiration of the order:

THE COURT ORDERS THAT:

1. Pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth):

   a.The contents of the interlocutory application filed in Court on 16 October 2013;

   b.The contents of the affidavit of Justeen Dormer sworn 16 October 2013 comprising five pages plus annexures and filed in Court on 16 October 2013;

   c.The contents of the affidavit of Justeen Dormer sworn 16 October 2013 comprising two pages and filed in Court on 17 October 2013;

   d.the written submissions of counsel for the applicant in the application to set aside the subpoena, Mr Dhanji, dated 16 October 2013;

   e.the transcript of the interlocutory hearing; and

   f.Hua Wang Bank Berhad v Commissioner of Taxation (No 14) [2013] FCA 1096.

   not be disclosed to anyone other than the parties and their legal representatives, Mr McGrouther and his legal representatives, and the additional party referred to in Hua Wang Bank Berhad v Commissioner of Taxation (No 14) [2013] FCA 1096.

2. Pursuant to s 37AJ of the Federal Court of Australia Act 1976 (Cth) the above order is to remain in force until 22 October 2033.

3. The items referred to Order 1 a – d and 1 f are to be placed in a sealed receptacle to be placed with the Court file which is not to be opened without the leave of a Judge of this Court until 22 October 2033.

4. The ground upon which these orders are made is that they are necessary to prevent prejudice to the proper administration of justice pursuant to s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth).