FC of T v AUSTRALIA AND NEW ZEALAND SAVINGS BANK LIMITED
Members: Gleeson CJMcHugh J
Gummow J
Kirby J
Callinan J
Tribunal:
Full High Court
MEDIA NEUTRAL CITATION:
[1998] HCA 53
Callinan J
38. I agree with the reasons and orders proposed by Gleeson CJ.
ORDER
In each of matters M108/1997 and M109/1997 -
1. Appeal allowed with costs.
2. Set aside the orders of the Full Court of the Federal Court of Australia entered on 21 July 1997 and in lieu thereof order that:
- (a) the matter be remitted to the Commissioner of Taxation for reassessment:
- (i) in accordance with the reasons for judgment of this Court and;
- (ii) so far as the deductibility of interest is concerned, in accordance with the judgment of Jenkinson J entered on 18 March 1996.
- (b) respondent to pay the costs of the appellant of the proceedings in the Federal Court of Australia, including reserved costs.
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