Federal Court of Australia
CATCHWORDS ADMINISTRATIVE LAW - judicial review - income tax assessments -
jurisdiction of Federal Court.
INCOME TAX - assessment - assessment of different taxpayers in
respect of same income - whether notices of assessment conclusive
evidence of due making of assessment.
Administrative Decisions (Judicial Review) Act 1977 s$.3(1),
Schedule 1, para.(e) Income Tax Assessment Act 1936, ss.166, 177(1).
HENRY VICTOR WINTER v. DEPUTY COMMISSTONER OF TAXATION
NO. G490 OF 1986
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ORAM: FOX J. : 4, 31 JULY 1987
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No.G490 of 1986
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GENERAL DIVISION
BETWEEN: HENRY VICTOR WINTER
Applicant AND:
DEPUTY COMMISSIONER OF TAXATION
Respondent
MINUTE OF ORDER
JUDGE: FOX J. DATE OF ORDER: 31 JULY 1987 WHERE _ MADE: Sydney.
THE COURT ORDERS THAT:
1. The amended application for review be dismissed.
2. The applicant pay the respondent's costs of the proceedings.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA } )
NEW SOUTH WALES DISTRICT REGISTRY ) NO. G490 OF 1986 } }
GENERAL DIVISION
BETWEEN :
HENRY VICTOR WINTER Applicant
AND:
DEPUTY COMMISSIONER OF TAXATION
Respondent
CORAM: FOX J. DATE: 31 JULY 1987 REASONS FOR JUDGMENT
FOX J.
This is an application under the Administrative Decisions (Judicial Review) Act 1977 in which the applicant seeks to have assessments of the Commissioner of Taxation under the Income Tax Assessment Act 1936 declared invalid. The Commissioner has before the Supreme Court of New South Wales an application for summary judgment and for Mareva injunctions in aid of enforcement of the assessments, or perhaps only one of them, and the adjourned hearing of that application is listed for
11 August 1987.
Notices of Assessment issued on 27 May 1985 against Vimair Pty. Limited ("Vimair") and TIlerace Pty. Limited
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