Donoghue v Commissioner of Taxation [2018] FCA 768

FEDERAL COURT OF AUSTRALIA

Donoghue v Commissioner of Taxation [2018] FCA 768 File number: QUD 326 of 2013

Judge: LOGAN J

Date of judgment: 8 May 2018

Catchwords: TAXATION – security for costs – power of the Court to dismiss proceedings under s 56(4) Federal Court of Australia Act 1976 (Cth) – failure to provide security for costs – failure to attend at case management hearing – Federal Court of Australia Act 1976 (Cth) s 37P – matter dismissed.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37P, 56(4)

Cases cited: Donoghue v Commissioner of Taxation; Donoghue v Commissioner of Taxation [2016] HCASL 131

Date of hearing: 8 May 2018

Date of last submissions: 8 May 2018

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: The applicant did not appear

Counsel for the Respondent: Ms K Mellifont QC

Solicitor for the Respondent: Minter Ellison

ORDERS QUD 326 of 2013

BETWEEN: GARRY JOHN DONOGHUE Applicant

AND: DEPUTY COMMISSIONER OF TAXATION Respondent

JUDGE: LOGAN J DATE OF ORDER: 8 MAY 2018

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The trial dates presently fixed for the period commencing 11 June 2018, be vacated accordingly. 3. The applicant, Mr Donoghue, pay the Commissioner's costs of and incidental to the proceedings including the costs of the application heard today and reserved costs, if any, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.