Giretti, Mario v Deputy Commissioner of Taxation [1996] FCA 807

CATCHWORDS

Appeal and New Trial - New trial - Miscarriage of Justice - Whether holding debtor to undertaking not in specified circumstances further to oppose the making of a sequestration order constituted a denial to the debtor of procedural fairness on the hearing of a bankruptcy petition - Whether new trial of petition to be refused if it is shown that the debtor could not possibly succeed on a new trial, rather than that the debtor could not possibly have succeeded on the trial marred by the denial of procedural fairness. Australian and Overseas Telecommunications Corporation v. McAuslan (1993) 47 F.C.R. 492 Government Insurance Office of New South Wales v. Bailey (1992) 27 N.S.W.R. 304 Simmonds v. Spooner (No. 3) (unreported; Supreme Court of New South Wales, Court of Appeal; judgment 28 March 1995) Stead v. State Government Insurance Commission (1986) 161 C.L.R. 141 MARIO GIRETTI v. DEPUTY COMMISSIONER OF TAXATION VG6 of 1996 Jenkinson, Lindgren and Merkel JJ. Melbourne 11 September, 1996

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG6 of 1996 GENERAL DIVISION )

On appeal from a Judge of the Federal Court of Australia BETWEEN: MARIO GIRETTI Appellant AND: DEPUTY COMMISSIONER OF TAXATION Respondent CORAM: Jenkinson, Lindgren and Merkel JJ. PLACE: Melbourne DATE: 11 September, 1996

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The respondent's costs of the appeal be paid by the appellant. (Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG6 of 1996 GENERAL DIVISION )

On appeal from a Judge of the Federal Court of Australia BETWEEN: MARIO GIRETTI Appellant AND: DEPUTY COMMISSIONER OF TAXATION Respondent CORAM: Jenkinson, Lindgren and Merkel JJ. PLACE: Melbourne DATE: 11 September, 1996