The High Court has refused the Commissioner’s applications for special leave to appeal against the decision of the Full Federal Court in FC of T v Glencore Investment Pty Ltd 2020 ATC ¶20-770[2020] FCAFC 187.

In that case, the court dismissed the Commissioner’s appeal on all but one point. It found that, apart from freight allowance, the pricing of copper concentrate sold by an Australian subsidiary of the Glencore Group to its Swiss parent was at arm’s length.