Oswal v Commissioner of Taxation (No 2) [2015] FCA 1143

FEDERAL COURT OF AUSTRALIA

Oswal v Commissioner of Taxation (No 2) [2015] FCA 1143 Citation: Oswal v Commissioner of Taxation (No 2) [2015] FCA 1143

Parties: RADHIKA PANKAJ OSWAL v COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA

File number: NSD 850 of 2012

Parties: PANKAJ OSWAL v COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA

File number: NSD 851 of 2012

Parties: PANKAJ OSWAL AS TRUSTEE OF THE BURRUP TRUST v COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA

File number: NSD 852 of 2012

Judge: NICHOLAS J

Date of judgment: 5 November 2015

Catchwords: PRACTICE AND PROCEDURE – security for costs –applicants commenced proceedings under Part IVC of the Taxation Administration Act 1953 (Cth) challenging tax assessments by respondent – where applicants natural persons – where applicants ordinarily resident overseas – where applicants entered into litigation funding agreements in relation to various proceedings including the Part IVC proceedings – where applicants mortgaged or assigned or purported to mortgage or assign assets to litigation funder – whether applicants should be required to provide security for respondent's costs – whether court has power to make such an order in Part IVC proceedings – relevant considerations – orders made requiring applicants to provide security for respondent's costs

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Companies (Victoria) Code s 533(1) Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 1979 (Cth) O 53, r 8 Federal Court Rules 2011 (Cth) r 19.01 Foreign Judgments (Reciprocal Enforcement) Act 1933 (UK) Foreign Judgments Regulations 1992 (Cth) Income Tax Assessment Act 1936 (Cth) s 177(1) Judiciary Act 1903 (Cth) 78B Taxation Administration Act 1953 (Cth) Part IVC, s 14ZZ