Bailey v Deputy Commissioner of Taxation [2005] FCA 1838

FEDERAL COURT OF AUSTRALIA

Bailey v Deputy Commissioner of Taxation [2005] FCA 1838 Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Taxation Administration Act 1953 (Cth) s 14ZZK(B)(1) Income Tax Assessment Act 1936 (Cth) s 170 Federal Court of Australia Act 1976 (Cth) s 24(1A)

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Adamopoulos v Olympic Airways (1990) 95 ALR 525 Ahern v Deputy Commissioner of Taxation (Queensland) (1987) 76 ALR 137 Bayne v Baillieu (1907) 5 CLR 64 Brackenreg v Comcare Australia (1995) 56 FCR 335 Capital Webworks Pty Ltd v Adultshop.com Ltd [2005] FCAFC 232 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 McCauley v Federal Commissioner of Taxation (1988) 88 ATC 4605 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re Rhodes; Ex parte Heyworth (1884) 14 QBD 49 Re Verma; Ex parte Deputy Commissioner of Taxation (1985) 4 FCR 181 Waldron v Comcare (1995) 37 ALD 471 MARK CHRISTIAN BAILEY v DEPUTY COMMISSIONER OF TAXATION WAD 324 of 2005 NICHOLSON J 6 DECEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 324 OF 2005

On appeal from the Federal Magistrates Court of Australia

BETWEEN: MARK CHRISTIAN BAILEY

APPLICANT

AND: DEPUTY COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 6 DECEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for leave to appeal the decision of the Federal Magistrate in respect of the refusal to adjourn the application for a creditor's petition and consequential orders, as set out in the notice of appeal dated 11 November 2005, be refused. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.