Federal Court of Australia
we eee
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION, BANKRUPTCY DISTRICT
No. P4 of 1983 OF THE STATE OF NEW SOUTH WALES AND
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THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE DEPUTY COMMISSIONER OF TAXATION Applicant AND: PETER LEOPOLD CLYNE
Judgment Debtor
GORRIGENDA
Amendment to the judgment of the Honourable Mr. Justice
Neaves of 17 August 1983.
- page 10 line 4 substitute "per Mason J." for "per
Gibts C.J."
- page 26 line 21 substitute "conferred on the" for
"conferred by the".
ang O°Ca~ >
JANE O'CONNOR ASSOCIATE TO NEAVES J.
15 September 1983.
cATCHWORDS
Bankruptcy - Application under s. 50 of the Bankruptcy Act
a
1966 that Official Trustee take control of judgment debtor's
property - validity of section 50 - creditor's petition
based on debt for income tax - dispute as to liability - validity of bankruptcy notice on which petition based subject to other proceedings - companies used as repositories of moneys coming to the judgment debtor's hands - moneys period- ically remitted overseas - whether order necessary in the interests of the creditors - whether order must specify
particular property - exercise of discretion - ancillary orders.
Bankruptcy Act 1966 s.50
Income Tax Assessment Act 1936 s. 218
Constitution
Clyne v. Deputy Commissioner of Taxation (1982) 56 A.L.J.R. 857 Clyne v. Deputy Commissioner of Taxation (1982) 82 A.T.C. 4484
Clyne v. Deputy Commissioner of Taxation (1982) 82 A.T.C. 4680
Clyne v. Deputy Commissioner of Taxation (1982) 82 A.T.C. 4648
Clyne v. Deputy Commissioner of Taxation (1982) 82 A.T.C. 489
Attorney-General of Ontario v. Attorney-General for the ominion of Canada [1894] A.C. I8y
Le Mesurier v. Connor (1929) 42 C.L.R. 481
The Commonwealth v. Tasmania (1983) unreported.
P4 of 1983 The Deputy Commissioner of Taxation v. Peter Leopold Clyne
Neaves J. 17 August, 1983 Canberra
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