Binetter v Commissioner of Taxation [2015] FCA 645

FEDERAL COURT OF AUSTRALIA

Binetter v Commissioner of Taxation [2015] FCA 645 Citation: Binetter v Commissioner of Taxation [2015] FCA 645

Parties: ANDREW JOHN BINETTER v COMMISSIONER OF TAXATION

File number: NSD 652 of 2015

Judge: EDMONDS J

Date of judgment: 17 June 2015

Catchwords: COSTS – applicant granted leave to discontinue proceeding – whether circumstances leading to seeking such leave warranted an order that the respondent pay the applicant's costs

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Taxation Administration Act 1953 (Cth) ss 14S, 14T, 14U, 14Y

Cases cited: One.Tel Ltd & Ors v Commissioner of Taxation (2000) 101 FCR 548 cited Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 applied

Date of hearing: 17 June 2015

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 23

Counsel for the Applicant: Mr J Hmelnitsky SC with Mr D Hume

Solicitor for the Applicant: Brown Wright Stein

Counsel for the Respondent: Mr N Swan

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 652 of 2015

BETWEEN: ANDREW JOHN BINETTER

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: EDMONDS J DATE OF ORDER: 17 JUNE 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant be granted leave to discontinue this proceeding. 2. The respondent pay the applicant's costs, including costs of today, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.