John Joseph Mostyn v Deputy Commissioner of Taxation 1987 FCA 827

wt IEA

JUDGMENT No.

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G228 of 1987 ) GENERAL DIVISION ) BETWEEN: JOHN JOSEPH MOSTYN Applicant AND: THE DEPUTY COMMISSIONER OF TAXATION Respondent

MINUTES OF ORDER

Judge making order: Beaumont, J. Date order made: 28 May 1987

Where made: Sydney

THE COURT ORDERS:

1. Application stood over generally with liberty to

restore on seven days' notice.

2. Costs reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

ABR FEDERAL COURT OF AUSTRALIA

=8 AUG 700% LIBRARY

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G228 of 1986 ) GENERAL DIVISION ) BETWEEN: JOHN JOSEPH MOSTYN Applicant AND: THE DEPUTY COMMISSIONER OF TAXATION Respondent

CORAM: Beaumont, J.

DATED: 28 May 1987 REASONS FOR JUDGMENT

The background of this matter appears in the reasons: for judgment in proceedings between the parties No. G.414 of 1986. In these proceedings, the prosecutor seeks orders by way of judicial review pursuant to the provisions of s.39B(1) of the Judiciary Act 1903 (see p.8 of those reasons). Sch 1 of the Judicial Review Act exempts certain decisions from review under that statute but there is no such limitation on the jurisdiction conferred on the Court by s.39B(1) of the Judiciary Act (see

Mahoney v. Singh-Dillon, Full Federal Court, unreported, 19

February 1987).

Having found against the respondent on his objection to

jurisdiction in the other proceedings, it is unnecessary that I

deal further with this application. I propose to stand the

2.

proceedings over generally but reserve liberty to restore should

restoration to the list become necessary. Costs will be reserved.

I certify that this and the preceding oOn2 (7)

page are a true copy of the Reasons for Judgment herein of his Honour Mr. Justice Beaumont.