Elsinora Global Ltd & Ors v Healthscope Ltd & Ors (No 1) [2005] FCA 1017

Elsinora Global Ltd & Ors v Healthscope Ltd & Ors (No 1) [2005] FCA 1017

The applicants should give discovery of the identified classes of documents as sought by the Commissioner (with some modifications to address objections), given their relevance in view of the Court's earlier refusal to strike out specified paragraphs of the Commissioner's pleading and with reference to supporting affidavits.

Jurisdiction
Australia
Judgment Date
26 July 2005
Procedural Posture
Application/proceedings / Interlocutory; Order for Discovery
Outcome
Discovery ordered as set out; timetable for further pleadings adjusted; costs in the cause.
Legal Topics
['discovery' 'withholding Tax' 'sale of Shares' 'capital Gains Tax']
['tax Law' 'civil Procedure'] ['discovery' 'withholding Tax' 'sale of Shares' 'capital Gains Tax']

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Procedural Posture

Application/proceedings / Interlocutory; Order for Discovery

Legal Issues

  1. 1 ['Whether applicants should be ordered to give discovery as sought by the Deputy Commissioner of Taxation' 'Relevance and scope of documents sought for discovery']

Ratio Decidendi

The applicants should give discovery of the identified classes of documents as sought by the Commissioner (with some modifications to address objections), given their relevance in view of the Court's earlier refusal to strike out specified paragraphs of the Commissioner's pleading and with reference to supporting affidavits.

Court Disposition

Discovery ordered as set out; timetable for further pleadings adjusted; costs in the cause.

Orders

  • ['The applicants shall give discovery of the classes of documents in the Notice for Discovery dated 15 July 2005 as amended by the alterations set out in paragraph [9] of the Reasons for Judgment.' 'The applicants file and serve any Reply and any Defence to the Amended Cross-Claim by 10 August 2005.' 'No order as to...