Sockhill v Deputy Commissioner of Taxation [2000] FCA 1208

FEDERAL COURT OF AUSTRALIA

Sockhill v Deputy Commissioner of Taxation [2000] FCA 1208 BANKRUPTCY - procedure – application for extension of time for compliance with bankruptcy notice – power of registrar to grant interim relief by extending time for compliance – generally a request by a party having an appropriate interest is a necessary prerequisite to the exercise of the power – power should generally be exercised in the presence of the parties – interim relief should normally only be given on stringent conditions – "compelling reason" is required to justify proceeding ex parte – there must be a full and fair disclosure where proceeding ex parte – Held Deputy Registrar ought not have proceeded to grant interim relief in the absence of an express application by the applicant – no proper grounds were demonstrated for proceedings ex parte – material relied upon did not justify an extension of time for compliance with the bankruptcy notice. Bankruptcy Act 1966 (Cth), ss 41(6A), 41(6C) Federal Court of Australia Act 1976 (Cth), s 35A(5) Federal Court Rules, O 3 r 3, O 77 r 8, O 77 r 14

Re Nguyen Ex parte Commissioner of Taxation (1994) 54 FCR 403 Gus v Johnstone (2000) 171 ALR 598 Thomas A Edison Limited v Bullock (1912) 15 CLR 679 Pollack v National Australia Bank Ltd [2000] FCA 684 BRUCE RICHARD SOCKHILL v DEPUTY COMMISSIONER OF TAXATION Q 7193 OF 2000 DOWSETT J 4 AUGUST 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLANDDISTRICT REGISTRY Q 7193 OF 2000

BETWEEN: BRUCE RICHARD SOCKHILL

APPLICANT

AND: DEPUTY COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 4 AUGUST 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The order of the Court made on 20 June 2000 be set aside. 2. The order of the Deputy Registrar made on 22 May 2000 be set aside. 3. Application Q 7193 of 2000 be dismissed. 4. The applicant pay the respondent's costs of the application and the notice of motion, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.