Federal Court of Australia
LIMITED DISTRIBUTION
CATCHWORDS
ADMINISTRATIVE LAW ~- Application for judicial review of
Commissioner's decision regarding collection of assessed tax - Proceedings pending in Taxation Board of Review ~ Proceedings
settled favourably to applicant - Whether Commissioner should
pay taxpayer's costs in 'Federal Court.
te eee
Federal Court of Australia Act 1976 s.43 Income Tax Assessment Act 1936 s.177
NSW G.223 of 1986 DAVID WARD KENDELL v_ DEPUTY FEDERAL COMMISSIONER OF TAXATION
Wilcox J Sydney 21 October 1986
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IN THE FEDERAL COURT OF AUSTRALIA
LIMITED DISTRIBUTION
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
CORAM:
PLACE:
DATE:
BETWEEN:
WILCOX J SYDNEY
21 OCTOBER 1986
No. G.223 of 1986
DAVID WARD KENDELL
Applicant
DEPUTY FEDERAL
COMMISSIONER OF
TAXATION
Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
Note:
By consent Application dismissed.
Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
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LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.223 of 1986 ) )
GENERAL DIVISION
BETWEEN: DAVID WARD KENDELL
Applicant
DEPUTY FEDERAL
' COMMISSIONER OF , TAXATION
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 21 OCTOBER 1986
EXTEMPORE REASONS FOR JUDGMENT
There are before the Court proceedings under the
Administrative Decisions (Judicial Review) Act 1977 by which the applicant taxpayer seeks review of various decisions of the Deputy Commissioner of Taxation in relation to the extension of time for payment of income tax and additional tax totalling $99,240.25 and in relation to his decision not to
defer, delay or stay the commencement or prosecution of
Supreme Court proceedings for the recovery of that tax.
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