Federal Court of Australia
CATCHWORDS
Income tax - Administrative law - application for order of review
under Administrative Decisions (Judicial Review) Act 1977 relating to
decision to issue a notice under s. 264 of the Income Tax Assessment Act 1936 - whether application fails to disclose a reasonable cause of
action, is frivolous, vexatious and an abuse of process of the Court.
Administrative Decisions (Judicial Review) Act 1977: s. 5.
Income Tax Assessment Act 1936: s. 264.
Federal Court Rules: Order 20 rule 2.
General Steel Industries Inc. v. The Commissioner for Railways (N.S.W)
(1964) 112 C.L.R. 125,
Dey v. Victorian Railways Commissioners (1949) 78 C.L.R. 62. Smorgon v. Federal Commissioner of Taxation (1979) 79 ATC 4039.
EIGHTH OUPAN PTY. LTD. v. DEPUTY COMMISSIONER OF TAXATION
VG 243 OF 1985
CORAM: SMITHERS, KEELY and LOCKHART JJ. 6 MARCH 1986 MELBOURNE
enn eR ren nets
We ae ee oe
poner
me rt eae es
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 243 of 1985 ) GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN : EIGHTH OUPAN PTY. LID.
Appellant :
AND: DEPUTY COMMISSTONER OF TAXATION f
———e————a—a—a=_eew p
Respondent
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|
|
MINUTE OF ORDER i
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JUDGES MAKING ORDER: SMITHERS, KEELY and LOCKHART JJ. .
DATE OF ORDER: 6 MARCH 1986 - WHERE MADE: MELBOURNE
: ~ ©:
: THE COURT ORDERS THAT: :
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is
1. The appeal be dismissed. ig
' 2. The appellant pay the costs of the respondent of the appeal. |
- f
NOTE: Settlement and entry of orders is dealt with in Order 36 of ;
| the Federal Court Rules.
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RI TP I TO eT rete emer we
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wt en ee ew ere es | | IN THE FEDERAL COURT OF AUSTRALIA ) ; ) _ MICTORTA DISTRICT REGISTRY ) No. VG 243 of 1985 ) -)
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN : EIGHTH OUPAN PTY. LTD.
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