Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation

[2012] HCASL 118

RHODIUM AUSTRALIA PTY LTD

v

DEPUTY COMMISSIONER OF TAXATION

[2012] HCASL 118
M16/2012

1. The respondent ("the Commissioner") applied to the Federal Court of Australia for an order that the applicant be wound up in insolvency.  Shortly before that application was to be heard, the applicant filed affidavits which led to the Commissioner discontinuing the application for winding up.  The primary judge (Bromberg J) ordered the applicant to pay part of the Commissioner's costs of the proceeding. 

2. The applicant appealed against the orders made by Bromberg J to the Full Court of the Federal Court.  That Court (Marshall, Edmonds and Greenwood JJ) dismissed the appeal with costs.  The applicant now seeks special leave to appeal to this Court against those orders. 

3. No point of general principle arises.  An appeal to this Court would enjoy no prospect of success.

4. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
15 August 2012 S.M. Crennan