Federal Court of Australia
— yu
NOT FOR GENEFAL DISTRIBUTION
IN THE FEDERAL COUFT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G260 of 1986
BETWEEN: BADAS PTY. LIMITED AS TRUSTEE
OF THE BADAS FAMILY TRUST
Applicant
and
THE DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent
CORAM: TOOHEY J.
18 Auaust 1986
EX TEMPORE REASONS FOR JUDGMENT
It might be possible to dispose of this matter in terms of whether it is premature or otherwise at this stage to consider an alteration in venue. But, 1t seems to me that I should deal with the considerations that have been urged by counsel in favour of retaining Sydney as the venue for the hearing of this
application or in favour of transferring 1t to Perth.
The application 1s an application under the
Administrative Decisions (Judicial Review) Act 1977. It is
presently supported by an affidavit sworn by Mr. Girdwood, who is a director and public officer of the applicant. which recites several matters and exhibits a number of documents. Whether Chat
will represent the entiretv of the applicant's evidence remains to
be seen. though 16 may be assumed, fairly IT thank. that anv other
material to be relied upon bv the applicant bv affidavit will have
a source in Western Australia.
On the respondent's part. some affidavits have been filed by officers of the respondent in New South Wales. But thev are affidavits of a formal nature and do not bear upon the substantive issues likely to arise. It is not clear whether the
respondent will file anv affidavit in answer to the material furnished by the applicant; but if such an affidavit is filed, I
take 1t that it will come from an officer of the respondent in
Western Australia.
The significance of those comments is that while the
precise course that the application will take has not vet been finally determined, broadly speaking it will take the form of affidavit evidence. It is at least conceivable that deponents may be required to attend for cross-examination. If they are, those
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