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09 Apr 1313 Decision Impact Statement - Southgate Investment Funds

The ATO has published a Decision Impact Statement in relation to the Full Federal Court decision in Southgate Investment Funds Ltd v FCT [2013] FCAFC 10.

The case concerned the question of whether the Court, in determining whether to exercise the discretion to grant a stay of execution, was prevented from considering the merits of a Part IVC application as a relevant factor. The Full Federal Court accepted that the merits of a Part IVC proceeding are a relevant consideration in the exercise of the discretion to grant a stay.


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