Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Higgins v Hancock as Liquidator of 246 Arabella Investments Pty Limited (in liq) [2011] FCA 1119 Citation: Higgins v Hancock as Liquidator of 246 Arabella Investments Pty Limited (in liq) [2011] FCA 1119
Parties: CHRISTOPHER LYNDON HIGGINS v GEOFFREY TRENT HANCOCK AS LIQUIDATOR OF 246 ARABELLA INVESTMENTS PTY LIMITED (IN LIQUIDATION) ACN 001 085 481, ADMINISTRATIVE APPEALS TRIBUNAL and COMMISSIONER OF TAXATION
File number: NSD 1588 of 2011
Judge: EDMONDS J
Date of reasons for judgment: 30 September 2011
Catchwords: JUDICIAL REVIEW – s 39B(1A)(c) of the Judiciary Act 1903 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal to refuse an application to adjourn proceedings part heard in the Tribunal – Commissioner of Taxation sought to cross-examine the applicant on documents not included in T-documents – tender of those documents by the Commissioner ultimately rejected by Tribunal – Tribunal ruled it would not give consideration to applicant's answers in cross-examination and ruled parts of the transcript be expunged or restricted – review on grounds of denial of natural justice and failure to take into account relevant consideration Held: application dismissed, neither ground made out
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Judiciary Act 1903 (Cth) s 39B(1A)(c)
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146 cited Denlay v Commissioner of Taxation (2011) 193 FCR 412 cited Geographical Indications Committee v The Honourable Justice O'Connor (2000) 64 ALD 325 applied Kennedy v Administrative Appeals Tribunal (2008) 168 FCR 566 applied Kioa v West (1985) 159 CLR 550 cited Maxwell v Keun [1928] 1 KB 645 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Sali v SPC Ltd (1993) 116 ALR 625 cited Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 applied
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