Federal Court of Australia
IN THE FEDEPAL COURT Or AUSTRALIA
VESTTRM AUSTRALTA DISTRICT REGISTRY GENERAL DIVISION
PETWHOSD Ns
JUDGE MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
On the applicant's motiun dated
FRENCH J.
PEPTH
ANTONY GOPDAN
Anplican
Respondent
MINUTE OF ORDER
FEBRUARY 1988
4 Februar
2039 of 1937
OATFS
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
AuISIOa
NaS
LEN, Wass +
Viiv. 40 LUNGD T
1988:
1. That the respondent do on or before 26 February 1988
file and
deliver
particulars
of the response in
accordance with the questions 1(b)(i), 3(a)(12), 4(b),
5(a) and 6(a)
in Court on 5 February 1988.
of the applicant's amended request filed
2. The respondent do pay the costs of the hear~ing of the
motion on the afternoon of 5 February 1988.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN TON FREDPRAL COUPT OP AUSTRALTA WESTERN AUSTPALIA DISTPICT REGISTRY GEMEPAL PIVISION
we
To. WAG 2939 of 197 RPE TWh Oo Ms ANTONY GORDON OATES Applicant
and
THE COMMISSIONVR OF TAXATION OF THF COMMONWEALTH OF AUSTRALTA
Respondent
CORAM: FRENCH J. 5 FERRUARY 1988
REASONS FOR JUDGMENT
For the purposes of my decision on the summary judgment motion on 2 February 1988, I indicated that broadly speaking the respective pleadings filed were sufficient to inform each party in the court of the case to be made on either side. That was in the context of an attack upon the respondent's case based on the contention that his failure to provide any, or any adequate, particulars supported an inference that he could not bring to bear any evidence to support the amended assessment which is in issue. My observation was without prejudice to the debate on specific
requests and answers which we have been hearing today.
So far as particular requests for Further detail of the Commissioner's case are concerned, I have regard to the general
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