Deputy Commissioner of Taxation v Bollands [2012] FCA 1050

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Bollands [2012] FCA 1050 Citation: Deputy Commissioner of Taxation v Bollands [2012] FCA 1050

Parties: DEPUTY COMMISSIONER OF TAXATION v DAVID BOLLANDS, JOCELYN BOLLANDS, JODACORP PTY LTD (ACN 115 023 900), RESIDENCE RIVERSIDE PTY LTD AS TRUSTEE OF THE D & J DISCRETIONARY TRUST AND AS TRUSTEE OF THE D & J INVESTMENT TRUST (ACN 155 903 209), REGISTRAR OF TITLES and NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937)

File number: WAD 101 of 2012

Judge: MCKERRACHER J

Date of judgment: 24 September 2012

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to vary freezing orders – first respondent seeking to make demands on a respondent trustee subject to the freezing orders for payment of reasonable legal expenses – consideration of purpose of freezing orders – whether any utility in varying the freezing orders in circumstances where garnishee notices issued – whether first respondent had provided sufficient evidence that he was otherwise unable to meet his reasonable legal expenses – whether first respondent had sufficiently disclosed his assets and liabilities – whether legal expenses already incurred and future estimates of legal expenses were reasonable

Cases cited: The Anglo-Eastern Trust Ltd v Kermanshahchi [2002] EWHC 3152 (Ch) Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Commissioner of Taxation v Hua Wang Bank Berhad (2010) 273 ALR 194 Deputy Commissioner of Taxation v Karas & Ors [2012] VSC 68 Goumas v McIntosh [2002] NSWSC 713