Huston, R.D. v Commissioner of Taxation [1986] FCA 16

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CATCHWORODS

PRACTICE AND PROCEDURE - Federal Court - removal of affidavit at

instance of stranger to litigation - person filing affidavit not objecting - whether any question of public interest.

Federal Court Rules, 0.45 R.5(2)

Robin David Huston

v. The Commissioner of Taxation of the Commonwealth of Australia

Qld. G123 of 1982

PINCUS J. BRISBANE 24 January 1986

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISTON QLD G123 of 1982

BETWEEN : ROBIN DAVID HUSTON

(Applicant)

AND: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALTA

(Respondent )

PINCUS J. 24 January 1986

EX TEMPORE REASONS FOR JUDGMENT

This 18 an application by the Director of Public Prosecutions made pursuant to order 45 rule 5(2) of the Rules for

an order permitting the Director to remove an affidavit from the

Queensland District Registry.

The affidavit 1n question was sworn by one R. D. Huston in 1983 and filed in the Registry on the same day. It was filed in support of an application to have certain conduct of the

Deputy Commissioner of Taxation reviewed under the Administrative

Decisions (Judicial Review) Act, which application was

unsuccessful. The case 1s reported at (1983) 49 A.L.R. 566.

On 14 June 1984 the Director made a successful application to Spender J. to remove the affidavit in question.

His Honour imposed certain conditions, which apparently were

IN THE FEDERAL COURT _OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QLD G123 of 1982

BETWEEN : ROBIN DAVID HUSTON

(Applicant )

AND: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALTA

(Respondent) MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 JANUARY 1986 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The Director of Public Prosecutions have permission

to take out of the Registry the affidavit of Robin D. Huston sworn and filed on 27 January, 1983.