John Joseph Mostyn v Deputy Commissioner of Taxation 1987 FCA 827
Federal Court of Australia
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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.
Dwele 1H \Klansor.
Associate
Dated: 28 May 1987
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