Dawson, Re R.B. Ex Parte Commissioner of Taxation [1986] FCA 215

BS ot} S~ \ CATCHWORDS Bankruptcy - creditor's petition - 'numerous adjournments - challenge to underlying debt" declaratory orders - arrangement

with creditor to pay debt - obtaining funds to pay debt - refusal of further adjournment.

Bankruptcy Act, 1966 - ss. 52(2)(b), 154(1)

RE: ROBERT BRIAN DAWSON formerly known as RAYMOND BRIAN DURSTON EX PARTE: DEPUTY COMMISSIONER OF TAXATION

No. P704 of 1985

Jenkinson J. Melbourne 20 March, 1986

FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA

NO. P704 of 1985

RE: ROBERT BRIAN DAWSON

formerly known as RAYMOND BRIAN DURSTON

- Debtor

EX PARTE: DEPUTY COMMISSTONER OF TAXATION

Creditor

CORAM: Jenkinson J. PLACE: Melbourne DATE: 20 March, 1986

REASONS FOR JUDGMENT

The debtor, by his legal representatives, has on and since 12 February - when, I think, I first dealt with this proceeding - been seeking a delay, a deferment of the hearing of the petition, so that the possibility may be maintained of establishing that the underlying debts, which found this proceeding, are not, in truth, debts because the assessments which

create them are erroneous assessments.

And there have been applications to defer, also, so that the debtor can take steps to see whether or not he may be able, by arrangement with the creditor, to pay the money claimed and, also, there have been applications for adjournment so that the debtor

may, without arrangement with the creditor, get the money

2.

necessary to pay out the whole of the moneys claimed.

In the course of this series of events since 12 February issues were isolated and tried before me : broadly speaking, the issue as to whether or not any of the assessments could now be challenged, and on 4 March I, after trial of the issue, determined

that none of those assessments could now be challenged.