Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Zizza, in the matter of; Deputy Commissioner of Taxation v Zizza [1999] FCA 1226
PRACTICE AND PROCEDURE – application for adjournment of hearing of creditor's petition pending hearing of debtor's application to High Court for special leave to appeal against judgment of Full Court – petition likely to expire before hearing in High Court – debtor's solicitor's undertaking to pay filing fee payable on any fresh petition – discretion – prospect of success of application for special leave – balance of convenience. Parras Holdings Pty Ltd v Commonwealth Bank of Australia [1999] FCA 644 applied Re Greer; Deputy Commissioner of Taxation v Greer 98 ATC 5188 cited Deputy Commissioner of Taxation v Ho (1996) 32 ATR 269 distinguished
IN THE MATTER OF ANTHONY S ZIZZA; DEPUTY COMMISSIONER OF TAXATION v ANTHONY S ZIZZA NG 8228 of 1997 LINDGREN J 1 SEPTEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8228 OF 1997
IN THE MATTER OF ANTHONY S ZIZZA
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
AND: ANTHONY S ZIZZA
Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 1 SEPTEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The respondent's motion brought by notice of motion filed on 30 August 1999 be dismissed. 2. The respondent to the proceeding pay the costs of the applicant in the proceeding on that motion. 3. The proceeding be referred to the Registrar in connection with the hearing of the creditor's petition. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8228 OF 1997
IN THE MATTER OF ANTHONY S ZIZZA
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
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