FEDERAL COURT OF AUSTRALIA

 

South Steyne Hotel Pty Ltd v Commissioner of Taxation [2009] FCAFC 155


CORRIGENDUM

 


 


 


 


 


SOUTH STEYNE HOTEL PTY LTD, MBI PROPERTIES PTY LTD and MORGAN & BANKS INVESTMENTS PTY LTD v COMMISSIONER OF TAXATION

NSD 97 of 2009

 

FINN, EMMETT AND EDMONDS JJ

20 NOVEMBER 2009 (CORRIGENDUM 5 FEBRUARY 2010)

SYDNEY




IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

 

GENERAL DIVISION

NSD 97 of 2009

 

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

 

BETWEEN:

SOUTH STEYNE HOTEL PTY LTD

First Appellant

 

MBI PROPERTIES PTY LTD

Second Appellant

 

MORGAN & BANKS INVESTMENTS PTY LTD

Third Appellant

 

AND:

COMMISSIONER OF TAXATION

Respondent

 

 

JUDGES:

FINN, EMMETT AND EDMONDS JJ

DATE OF ORDER:

20 NOVEMBER 2009

WHERE MADE:

SYDNEY

 

CORRIGENDUM

1                          The following paragraph references in the judgment of Edmonds J are to be updated to reflect the continuous paragraph numbering of the entire Full Court judgment:

1.         In the first line of [70] and second line of [78], the reference to ‘[1]’ should be changed to ‘[52]’.

2.         In the subheading before [71], the reference to ‘[6(2)]’ should be changed to ‘[57(2)]’.

3.         In the subheadings before [73] and [75], the reference to ‘[7]’ should be changed to ‘[58]’.

4.         In the subheading before [78], the reference to ‘[8]’ should be changed to ‘[59]’.

5.         In the first line of [84], the reference to ‘[31] and [32]’ should be changed to ‘[82] and [83]’.

6.         In the seventh line of [92], the reference to ‘[25]’ should be changed to ‘[76]’.

7.         In the last sentence of [92], the reference to ‘[33]-[35]’ should be changed to ‘[84]-[86]’

8.         In the first and second bullet point of [95], the reference to ‘[33]’ should be updated to ‘[84]’.

9.         In the third line of [98], the reference to ‘[44(3)]’ should be changed to [95(3)].

10.       In the fourth line of [100], the reference to ‘[48]’ should be updated to ‘[99]’.

11.       In first line of [103] and second line of [104], the reference to ‘[27]’ should be changed to ‘[78]’.

12.       In the third line of [116] and first line of [118], the reference to ‘[60] to [62]’ should be changed to ‘[111]-[113]’.

 

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Edmonds.



Associate:


Dated:         5 February 2010