Deputy Commissioner of Taxation v Gadaleta [1999] FCA 923

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Gadaleta [1999] FCA 923

DEPUTY COMMISSIONER OF TAXATION v ANTONIO GADALETA NG 7943 OF 1998 THE HON JUSTICE MARCUS EINFELD AO SYDNEY 2 JULY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7943 OF 1998

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: ANTONIO GADALETA

Respondent

JUDGE: THE HON JUSTICE MARCUS EINFELD AO

DATE: 2 JULY 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 A petition for sequestration has been presented by the Deputy Commissioner of Taxation against Antonio Gadaleta. The matter was originally listed for hearing last month but Mr Gadaleta informed the Court that he did not know of the hearing because he had been informed by an officer of the Australian Government Solicitor that the case was fixed for another day. To ensure that Mr Gadaleta knew, or had the opportunity of knowing, about the precise date for hearing and, if he chose, to be present, I re-fixed the matter for today and directed that the Australian Government Solicitor notify him by letter to the two fax numbers and the one address which he had given in two letters to the Court in June. Evidence has been given today that the two fax numbers did not respond when the Australian Government Solicitor attempted to comply with those directions. Nor was there a response to the letter posted to the address given by Mr Gadaleta in his recent correspondence. He has not attended today.

2 The case arises because in October 1998 Mr Gadaleta filed a notice of opposition to the creditor's petition stating inter alia that the bankruptcy notice was not served on him. The notice actually says that it was not served on him personally and was not brought to his attention. For that reason, and because in any event it would be necessary for the petitioner to prove service of the bankruptcy notice, a considerable volume of evidence has been looked at in this connection.