George Logounov v Commissoner of Taxation [2000] FCA 1745

FEDERAL COURT OF AUSTRALIA

Logounov v Commissioner of Taxation [2000] FCA 1745

Administrative Law – Administrative Appeals Tribunal Act 1975 ss 42A(5) and 44(2A) – Federal Court Rules (Order 53 Rule 7) – extension of time to appeal by previous litigant in person sought nearly two years after dismissal by Tribunal on the ground of failure to proceed with application for relief and failure to comply with Tribunal directions – applicant unrepresented by qualified legal practitioner on third occasion appointed for hearing before the Tribunal – evidence at that time of applicant suffering from schizophrenia and having no funds for legal representation – whether reasonable prospects of success in establishing denial of natural justice by virtue of refusing adjournment for six months – whether delay in seeking extension of time reasonably explained. Administrative Appeals Tribunal Act 1975 ss 39, 42A(5), 43(3), 44(1) and 44(2A). Federal Court Rules Order 53 Rule 7. Sullivan v Department of Transport 91978) 1 ALD 383. New York Properties Pty Ltd v Commissioner of Taxation (1985) 7 FCR 401. R v Moodie (1977) 17 ALR 219. Fletcher v (1988) 19 FCR 442. Fletcher v Federal Commissioner of Taxation [1999] FCA 933. Greer v Federal Commissioner of Taxation [1999] FCA 933. Federal Commissioner of Taxation v Brixius (1987) 16 FCR 359. Federal Commissioner of Taxation v Roberts and Smith (1992) 108 ALR 385. Peazalski v Comcare [1999] FCA 366 Guse v Comcare (1997) 49 ALD 288. Guse v Comcare (1997) 49 ALD 495. Brown v Federal Commissioner of Taxation 99 ATC 4516. Repatriation Commission v Tuite (1993) 39 FCR 540 at 544. GEORGE LOGOUNOV v COMMISSIONER OF TAXATION N 205 of 2000 CONTI J SYDNEY 1 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 205 OF 2000

BETWEEN: GEORGE LOGOUNOV