Owen, Ronald v Deputy Commissioner of Taxation [1995] FCA 940

C A T C H W O R D S BANKRUPTCY - bankruptcy notice issued in respect of debts due in relation to sales tax liability - taxpayer's administrative costs of calculation and compliance with sales tax scheme - whether counter-claim, set-off or cross demand on the basis of compliance costs - no point of principle. CURRENCY - whether Australian currency legal tender - no point of principle. Bankruptcy Act 1966 (Cth) - ss.40(1)(g) and 41(7) Judiciary Act 1903 (Cth) Reserve Bank Act 1959 (Cth) Deputy Federal Commissioner of Taxation for the State of South Australia v Ellis & Clark Limited (1934) 52 CLR 85. Re Dymond (1959) 101 CLR 11 Mutual Pools and Staff Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia (1992) 173 CLR 450 Re Skyring (1994) 68 ALJR 618 Re Skyring's Application [No 2] (1985) 59 ALJR 561 RONALD OWEN v DEPUTY COMMISSIONER OF TAXATION No QG 132 of 1995 Davies, Spender & Kiefel JJ 7 November 1994 Brisbane

IN THE FEDERAL COURT OF AUSTRALIA ) No. QG 132 of 1995 ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) On appeal from a single judge of the Federal Court of Australia BETWEEN: RONALD OWEN Appellant AND: DEPUTY COMMISSIONER OF TAXATION Respondent Coram: Davies, Spender & Kiefel JJ Place: Brisbane Date: 7 November 1995 MINUTES OF ORDER THE COURT ORDERS THAT: The appeal be dismissed with costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) No. QG 132 of 1995 ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) On appeal from a single judge of the Federal Court of Australia BETWEEN: RONALD OWEN Appellant AND: DEPUTY COMMISSIONER OF TAXATION Respondent Coram: Davies, Spender & Kiefel JJ Place: Brisbane Date: 7 November 1995 REASONS FOR JUDGMENT This is an appeal from a judgment of Drummond J of 11 August 1995 in which his Honour refused to adjourn proceedings before him and dismissed Mr Owen's application to set aside a bankruptcy notice which had been served upon him. Section 40(1)(g) of the Bankruptcy Act 1966 (Cth) provides, inter alia, that:- "A debtor commits an act of bankruptcy ... if a creditor who has obtained against the debtor a final judgment or final order, being a judgment or order the execution of which has not been stayed, has served on the debtor in Australia or, by leave of the Court, elsewhere, a bankruptcy notice under this Act and the debtor does not: