Olney-Fraser v Deputy Commissioner of Taxation [2019] FCA 877

FEDERAL COURT OF AUSTRALIA

Olney-Fraser v Deputy Commissioner of Taxation [2019] FCA 877 Appeal from: Deputy Commissioner of Taxation v Olney-Fraser [2018] FCCA 2855

File number: VID 1108 of 2018

Judge: DAVIES J

Date of judgment: 12 June 2019

Catchwords: BANKRUPTCY - appeal from orders of Federal Circuit Court releasing property from control under Part X of Bankruptcy Act 1966 (Cth) – application of Div 2 of Part X subject to s 208 orders – whether special circumstances existed to justify s 208 orders – where appellant identified new creditors subsequent to sworn evidence of extent of liabilities – where draft personal insolvency agreement excluded certain creditors from proving for dividends – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth)

Cases cited: Beaman v Bond (2014) 328 FLR 256; [2014] FCWA 21 Deputy Commissioner of Taxation v Johns (2005) 144 FCR 112; [2005] FCA 1143

Date of hearing: 9 May 2019

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 17

Counsel for the Appellant: Mr B Devanny

Solicitor for the Appellant: Astuto Lawyers

Counsel for the Respondent: Ms C Mavroudis

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 1108 of 2018

BETWEEN: DARREN STUART OLNEY-FRASER Appellant

AND: DEPUTY COMMISSIONER OF TAXATION Respondent

JUDGE: DAVIES J DATE OF ORDER: 12 June 2019

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the respondent, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.