Deputy Commissioner of Taxation v Binnetter [2013] FCA 670

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Binetter [2013] FCA 670 Citation: Deputy Commissioner of Taxation v Binetter [2013] FCA 670

Parties: DEPUTY COMMISSIONER OF TAXATION v GARY BINETTER AND DEBBIE ANN BINETTER

File number: NSD 1121 of 2013

Judge: RARES J

Date of judgment: 25 June 2013

Legislation: Federal Court Rules 2011 (Cth) r 7.35(1)(b)

Cases cited: Batagol v Federal Commissioner of Taxation (1963) 109 CLR 243 referred to Thomas A Edison Limited v Bullock (1912) 15 CLR 679 applied Garrard v Email Furniture Pty Ltd (1993) 32 NSWLR 662 applied Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955 applied

Date of hearing: 25 June 2013

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 8

Counsel for the Applicant: Mr D B McGovern SC with Mr G O'Mahoney

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Ms S Kaur-Bains

Solicitor for the Respondent: Signet Lawyers Pty Limited

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1121 of 2013

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: GARY BINETTER AND DEBBIE ANN BINETTER

Respondent

JUDGE: RARES J DATE OF ORDER: 25 JUNE 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The interlocutory application filed 25 June 2013 be dismissed. 2. The respondent/applicant on the interlocutory application pay the Commissioner's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.