Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Ghaly [2016] FCA 707 File number: NSD 913 of 2016
Judge: PERRY J
Date of judgment: 10 June 2016
Catchwords: PRACTICE AND PROCEDURE - ex parte application for freezing orders – whether applicant has a good arguable case – whether real danger that a prospective judgment might not be satisfied – where orders sought against joint assets with debtor's wife - where balance of convenience lies in favour of making freezing order.
Legislation: Conveyancing Act 1919 (NSW) Federal Court Rules 2011 (Cth) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Taxation Administration Act 1953 (Cth)
Cases cited: Berhad v Deputy Commissioner of Taxation [2010] FCAFC 140; (2010) 81 ATR 66 Commissioner of Taxation v Ornelas [2016] FCA 457 Deputy Commissioner of Taxation (NSW) v Westpac Savings Bank Ltd (1987) 18 ATR 685 Deputy Commissioner of Taxation v Chemical Trustee Ltd (No 4) [2012] FCA 1064; (2012) 90 ATR 711 Deputy Commissioner of Taxation v Greenfield Electrical Services Pty Ltd [2016] FCA 653 Deputy Commissioner of Taxation v Hua Wang Bank Berhad [2010] FCA 1014; (2010) 80 ATR 449 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Victoria University of Technology v Wilson [2003] VSC 299
Date of hearing: 9 June 2016
Registry: New South Wales
Division: General Division
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