Deputy Commissioner of Taxation v Cameron, in the matter of Cameron [2001] FCA 1567

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Cameron, in the matter of Cameron [2001] FCA 1567

BANKRUPTCY – costs – petitioning creditor failed to set out in petition particulars of any security – security said to arise from giving by petitioning creditor (Commissioner of Taxation) of notice under s 218 of the Income Tax Assessment Act 1936 (Cth) to firm of solicitors said to owe fees to debtor (practising barrister) – notice withdrawn six days prior to date fixed for hearing of petition – debtor paid out petitioning creditor's debt in full the day before date fixed for hearing – on date fixed for hearing petition dismissed without objection by petitioning creditor – no adjudication on merits – appropriate costs order to be made – debtor ordered to pay 90% of petitioning creditor's costs

COSTS – bankruptcy - petitioning creditor failed to set out in petition particulars of any security – security said to arise from giving by petitioning creditor (Commissioner of Taxation) of notice under s 218 of the Income Tax Assessment Act 1936 (Cth) to firm of solicitors said to owe fees to debtor (practising barrister) – notice withdrawn six days prior to date fixed for hearing of petition – debtor paid out petitioning creditor's debt in full the day before date fixed for hearing – on date fixed for hearing petition dismissed without objection by petitioning creditor – no adjudication on merits – appropriate costs order to be made – debtor ordered to pay 90% of petitioning creditor's costs

Bankruptcy Act 1966 (Cth) s 44(2), (3), (4)

Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 cited In re A Debtor; Ex parte Okill v The Debtor [1977] 1 WLR 1308 cited Re Florance; Ex parte Turimetta Properties Pty Ltd (No 2) (1980) 39 FLR 400 cited Re Vassis; Ex parte Leung (1986) 9 FCR 518 cited Re Noye; Ex parte Deputy Federal Commissioner of Taxation (1956) 18 ABC 77 cited Gribbles Pathology Pty Ltd v Health Insurance Commission (1997) 80 FCR 284 distinguished IN THE MATTER OF ROBERT W CAMERON