Webb v Deputy Commissioner of Taxation [2017] FCA 1520

FEDERAL COURT OF AUSTRALIA

Webb v Deputy Commissioner of Taxation [2017] FCA 1520 Appeal from: Deputy Commissioner of Taxation v Webb [2017] FCCA 1137

File number: VID 1023 of 2017

Judge: O'CALLAGHAN J

Date of judgment: 15 December 2017

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to appeal from the Federal Circuit Court of Australia – whether applicant provided acceptable explanation for delay in commencing appeal – consideration of substantial merits of application

Legislation: Federal Circuit Court of Australia Act 1999 (Cth), s 104(2) Federal Court of Australia Act 1976 (Cth), s 24(1)(d) Federal Court Rules 2011 (Cth), rr 36.03, 36.05

Cases cited: AZAEY v Minister for Immigration and Border Protection (2015) 238 FCR 34 Jackamarra v Krakourer (1998) 195 CLR 516

Date of hearing: 23 November 2017

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 18

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Ms A Wilson

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 1023 of 2017

BETWEEN: GRAHAM LEE WEBB

Applicant

AND: DEPUTY COMMISSIONER OF TAXATION

Respondent

JUDGE: O'CALLAGHAN J DATE OF ORDER: 15 December 2017

THE COURT ORDERS THAT:

1. The application for extension of time within which to appeal be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.