Consolidated Press Holdings Ltd & Ors v Commissioner for Taxation & Anor [1995] FCA 223

Consolidated Press Holdings Ltd & Ors v Commissioner for Taxation & Anor [1995] FCA 223

Leave to join Ferrier Hodgson and Peter Walker and to administer interrogatories was refused because the proceeding was urgent, a tight timetable had been fixed without earlier pursuit of joinder or interrogatories, no serious defect requiring the change was shown, the added parties were not necessary to obtain the identified documents, the proposed interrogatories were very broad and of doubtful relevance, and the relief risked jeopardising the expedited hearing date.

Jurisdiction
Australia
Judgment Date
27 March 1995
Procedural Posture
Notice of Motion in Federal Court Proceedings Concerning Alleged Contravention of the Tax Secrecy Provision / Interlocutory Motion for Leave to Amend, Join Further Respondents and Administer Interrogatories Before an Expedited Hearing Listed for 5 April 1995
Outcome
The motion was dismissed insofar as it sought to join Ferrier Hodgson and Peter Walker as respondents and to interrogate them and the first and second respondents; costs of the motion were ordered against the applicants.
Legal Topics
['joinder of Parties' 'interrogatories' 'leave to Amend' 'tax Secrecy' 'discovery and Inspection' 'interlocutory Relief' 'costs']
['civil Procedure' 'taxation' 'administrative Law'] ['joinder of Parties' 'interrogatories' 'leave to Amend' 'tax Secrecy' 'discovery and Inspection' 'interlocutory Relief' 'costs']

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Procedural Posture

Notice of Motion in Federal Court Proceedings Concerning Alleged Contravention of the Tax Secrecy Provision / Interlocutory Motion for Leave to Amend, Join Further Respondents and Administer Interrogatories Before an Expedited Hearing Listed for 5 April 1995

Legal Issues

  1. 1 ['Whether the applicants should have leave to join Ferrier Hodgson and Peter Walker as third and fourth respondents.' 'Whether the applicants should have leave to administer interrogatories to the existing respondents and proposed respondents.' 'Whether the joinder and interrogatory relief would jeopardise the expedited hearing timetable.' 'Whether the proposed interrogatories were too wide or insufficiently relevant to the present proceedings.']

Ratio Decidendi

Leave to join Ferrier Hodgson and Peter Walker and to administer interrogatories was refused because the proceeding was urgent, a tight timetable had been fixed without earlier pursuit of joinder or interrogatories, no serious defect requiring the change was shown, the added parties were not necessary to obtain the identified documents, the proposed interrogatories were very broad and of doubtful relevance, and the relief risked jeopardising the expedited hearing date.

Court Disposition

The motion was dismissed insofar as it sought to join Ferrier Hodgson and Peter Walker as respondents and to interrogate them and the first and second respondents; costs of the motion were ordered against the applicants.

Orders

  • ['Insofar as the notice of motion seeks to join Messrs. Ferrier Hodgson and Mr Walker as respondents and to interrogate them and the first and second respondents, the motion is dismissed.' 'The applicants pay the costs of Messrs. Ferrier Hodgson and Mr. Peter Walker of their appearance today to resist the motion.'...