FEDERAL COURT OF AUSTRALIA

 

AXA Asia Pacific Holdings Ltd v Commissioner of Taxation [2009] FCA 1427

 

 

CORRIGENDUM



 


 


 


 


 


AXA ASIA PACIFIC HOLDINGS LTD v COMMISSIONER OF TAXATION

 

VID 1593 of 2005

 

JESSUP J

4 December 2009 (corrigendum 7 december 2009)

MELBOURNE




IN THE FEDERAL COURT OF AUSTRALIA

 

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

VID 1593 of 2005

 

BETWEEN:

AXA ASIA PACIFIC HOLDINGS LTD

Applicant

 

AND:

COMMISSIONER OF TAXATION

Respondent

 

JUDGE:

JESSUP J

DATE:

4 DECEMBER 2009

WHERE MADE:

MELBOURNE

 

 

 

CORRIGENDUM

 

In the Reasons for Judgment delivered by Justice Jessup on 4 December 2009, amendments are made as follows.

  1. Paragraph [105], page 56, second sentence –

The word “not” should be inserted after the words “revenue advantage does” so that the sentence reads:

“I agree, with respect, with Gyles J, when his Honour held that the fact that a transaction is devised in a certain way to obtain a revenue advantage does not mean that the transaction is a non-arm’s length one.”

2.                  Page 72 –

The middle initial “R” of senior counsel for the applicant should be deleted and in place thereof the letter “J” inserted so that the appearance for the applicant reads:

“Counsel for the Applicant:  Mr G J Davies and Mr A T Broadfoot”.


I certify that the preceding two (2) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice JESSUP .



Associate:


Dated:         7 December 2009