Deputy Commissioner of Taxation v Meletsis [2015] FCA 364

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Meletsis [2015] FCA 364 Citation: Deputy Commissioner of Taxation v Meletsis [2015] FCA 364

Parties: DEPUTY COMMISSIONER OF TAXATION v IRENE MELETSIS

File number(s): VID 94 of 2015

Judge(s): DAVIES J

Date of judgment: 21 April 2015

Catchwords: BANKRUPTCY – Application for order directing registered trustees to take control of the debtor's property – purpose and effect of direction – where debtor has failed to comply with bankruptcy notice – where debtor has transferred property to connected entities – where concurrent proceeding before Administrative Appeals Tribunal proceeding – whether in the interests of creditors to make direction to preserve and protect property in debtor's name – whether direction would interfere with debtor's prosecution of proceeding in Administrative Appeals Tribunal – whether application should not be granted due to delay – whether undertaking by debtor should be accepted in lieu of orders sought

Legislation: Bankruptcy Act 1966 (Cth) s 50 Taxation Administration Act 1953 (Cth) s 14ZZM

Cases cited: Deputy Commissioner of Taxation v Clyne (1983) 50 ALR 118

Date of hearing: 20 April 2015

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr S Rosewarne

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Ms C Gobbo

Solicitor for the Respondent: Halperin & Co Pty Ltd

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 94 of 2015