Federal Court of Australia
a Ve A CATCHWORDS \ = wee" J N . -
Administrative law - judicial -review - Income Tax Assessment Act - review of decision to institute recovery proceedings
and refusal to grant extension -of time to pay tax - whether . decision made improper exercise of that power. .
Income Tax Assessment Act 1936 55.8, 13(b), 167, 168, 189, 201, 204, 206, 208, 209
Administrative Decisions (Judicial Review) Act 1977 ss.5(1)(e), 5(2)(a), (b), (dd, (Gg), (9)
Taxation Administration Act 1953 55.4, 7
Judiciary Act 1903 5.39
THE HELL'S ANGELS LIMITED
Ve
THE DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
V. No. G 113 of 1984
Northrop J.
Melbourne
20 December 1984
IN E FEDERAL COURT OF AUS IA
VICTORIA DISTRICT REGISTRY V. No. G 113 of 1984
GENERAL DIVISIO
BETWEEN: THE HELL'S ANGELS LIMITED Applicant and
THE DEPUTY COMMISSIONER OF T. TION
OF THE COMMONWEALTH OF AUSTRALIA Respondent CORAM: Northrop J. DATE: 20 December 1984 PLACE: Melbourne
ORDER
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The order made on 1 August 1984 restraining the Deputy Commissioner entering final judgment in Supreme Court proceedings No. 712 of 1984 be vacated and The Hell's Angels Company be released from the undertaking given on its behalf on 1 August 1984,
3. The applicant pay the costs including all reserved costs of the Deputy Commissioner.
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) V. No. Gi1l3 of 1984 ) )
GENERAL DIVISION
BETWEEN : THE HELL'S ANGELS LIMITED Applicant and
THE DEPUTY COMMISSIONER OF TAXATION
OF THE COMMONWEALTH OF AUSTRALIA Respondent CORAM: Northrop J. DATE: 20 December 1984 PLACE: Melbourne
REASONS FOR JUDGMENT
The Hell's Angels Limited was incorporated on 11 December 1979 under the Companies Act 1961 (Vic.) as a company limited by guarantee. Hereinafter the incorporated
body 1s calied "The Hell's Angels Company". In 1ts
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