Commissioner of Taxation v Grimaldi

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.