Deputy Commissioner of Taxation v Chemical Trustee Limited (No 2) [2012] FCA 1031

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Chemical Trustee Limited (No 2) [2012] FCA 1031 Citation: Deputy Commissioner of Taxation v Chemical Trustee Limited (No 2) [2012] FCA 1031

Parties: DEPUTY COMMISSIONER OF TAXATION v CHEMICAL TRUSTEE LIMITED, DERRIN BROTHERS PROPERTIES LIMITED and BYWATER INVESTMENTS LIMITED

File number: VID 887 of 2010

Judge: PERRAM J

Date of judgment: 18 September 2012

Catchwords: PRACTICE AND PROCEDURE – Application to remove freezing order – where freezing order in place to protect judgment creditor – where judgment debt paid – where judgment creditor claims entitlement to further debt and files further proceedings seeking further freezing order in respect of further debt – where judgment creditor does not consent to removal of existing freezing order in absence of further freezing order – where docket judge unable to hear application to remove freezing order in entirity

Legislation: Taxation Administration Act 1953 (Cth) Pt IVC

Date of hearing: 18 September 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: J Hyde Page

Solicitor for the Applicants: Henry Davis York

Counsel for the Respondent: J Morris

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION VID 887 of 2012

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: CHEMICAL TRUSTEE LIMITED

First Respondent

DERRIN BROTHERS PROPERTIES LIMITED

Second Respondent