FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Grimaldi (No. 4) [2009] FCA 748
NSD 407 of 2009
GRAHAM J
9 JULY 2009
SYDNEY
| IN THE FEDERAL COURT OF AUSTRALIA |
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| NEW SOUTH WALES DISTRICT REGISTRY |
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| general division | NSD 407 of 2009 |
| COMMISSIONER OF TAXATION Applicant
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| AND: | PHILLIP GRIMALDI First Respondent
GARRY BONACCORSO Second Respondent
IFTC BROKING SERVICES LTD Third Respondent
MGG CAPITAL PTY LIMITED AS TRUSTEE FOR WEBTEL MANAGEMENT SUPER FUND Fourth Respondent
INTERNATIONAL FINANCE TRUST COMPANY LTD Fifth Respondent (on the Notice of Motion filed in Court on 11 May 2009)
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| JUDGE: | |
| DATE OF ORDER: | 9 JULY 2009 |
| WHERE MADE: | SYDNEY |
THE COURT ORDERS THAT:
1. The application made on 9 July 2009 ore tenus, for a stay and for continuation of interlocutory freezing orders against the third respondent and against the fifth respondent to the Notice of Motion filed in Court on 11 May 2009, be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
| IN THE FEDERAL COURT OF AUSTRALIA |
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| NEW SOUTH WALES DISTRICT REGISTRY |
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| GENERAL DIVISION | NSD 407 of 2009 |
| BETWEEN: | COMMISSIONER OF TAXATION Applicant
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| AND: | PHILLIP GRIMALDI First Respondent
GARRY BONACCORSO Second Respondent
IFTC BROKING SERVICES LTD Third Respondent
MGG CAPITAL PTY LIMITED AS TRUSTEE FOR WEBTEL MANAGEMENT SUPER FUND Fourth Respondent
INTERNATIONAL FINANCE TRUST COMPANY LTD Fifth Respondent (on the Notice of Motion filed in Court on 11 May 2009)
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| JUDGE: | GRAHAM J |
| DATE: | 9 JULY 2009 |
| PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 An application has been made ore tenus by counsel for the applicant in the proceedings for the continuation of freezing orders previously made in respect of the third and fifth respondents, which are foreign corporations incorporated in Vanuatu. I have earlier today delivered reasons for judgment and made orders in respect of an application for freezing orders in respect of the assets of those foreign corporations, and declined to grant the relief sought in paragraphs 4 and 6 of the Notice of Motion filed 11 May 2009 against the third and fifth respondents respectively.
2 Counsel for the applicant has indicated that an application for leave to appeal is anticipated. It may be that such an application will be made to me as the judge who declined to make the orders sought. It may be that the application will be made to a Full Court.
3 At this stage the parties have not had an opportunity to consider my reasons for judgment delivered some five or ten minutes ago. I do not intend to take time to repeat what I have said in those reasons at this stage. It does not seem to me that this is a proper case in which additional interlocutory relief should be ordered above and beyond that of which the applicant already has the benefit.
4 In relation to the application for a continuation of the freezing orders which were expressed to continue up to and including 10 July, or earlier order, I do not intend to make any orders for the continuation of those freezing orders, and I do not intend to stay any of the orders which I have announced in respect of the resolution of the applicant’s claims against the third and fifth respondents in my reasons for judgment in Commissioner of Taxation v Grimaldi (No. 3) [2009] FCA 740.
| I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Graham. |
Associate:
Dated: 13 July 2009
| Counsel for the Applicant: | A J O'Brien |
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| Solicitor for the Applicant: | Australian Government Solicitor |
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| Counsel for the Third and Fifth Respondents: | G A F Connolly |
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| Solicitor for the Third and Fifth Respondents: | Antanaskovic Hartnell |
| Date of Hearing: | 9 July 2009 |
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| Date of Judgment: | 9 July 2009 |
