Clyne, Peter Leopold v O'Brien, John William & Ors [1984] FCA 247

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES

AND THE AUSTRALIAN CAPITAL

No.W838 of 1983

we SS SSS SS LS

TERRITORY No.W929 of 1983 BETWEEN: PETER LEOPOLD CLYNE Applicant AND: JOHN WILLIAM O'BRIEN WILLIAM EDWARD ANDREW and DEPUTY COMMISSIONER OF TAXATION Respondents ORDER Judge making order: Beaumont, J. Date order made: 27 July 1984. Where made: Sydney. THE COURT ORDERS THAT: 1. That in respect of the proceedings the subject

of the decision in the reasons for judgment dated

14 March 1984, order that Peter Leopold Clyne pay one- half of the costs of the Deputy Commissioner of Taxation. 2. That in respect of the proceedings the subject of the decision in the reasons for judgment dated

27 June 1984, order that Peter Leopold Clyne pay two-thirds

of the costs of the Deputy Commissioner of Taxation.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES

AND THE AUSTRALIAN CAPITAL No. W838 of 1983

TERRITORY No. W929 of 1983 BETWEEN: PETER LEOPOLD CLYNE Applicant AND: JOHN WILLIAM O'BRIEN WILLIAM EDWARD ANDREW and DEPUTY COMMISSIONER OF TAXATION Respondents CORAM: Beaumont, J. DATED: 27 July 1984

REASONS FOR JUDGMENT (ex tempore)

In this matter an application has been made on behalf of the Deputy Commissioner of Taxation for costs an respect of two aspects of the proceedings. The first application is made in respect of the decision the subject of reasons for judgment dated 14 March 1984. In that matter, it 1s, I think, possible to divide this aspect of the proceedings into two separate parts. The first

1s the question of whether the Court had power to grant

leave to intervene. The second 1s, assuming power, whether 1t was appropriate as a matter of discretion that

leave should be granted.

As to the first point, this was a question of law raised by Mr. Clyne which was decided adversely to him and