Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nugawela v Commissioner of Taxation (No 3) [2020] FCA 773 File number: WAD 134 of 2018
Judge: COLVIN J
Date of judgment: 3 June 2020
Catchwords: PRACTICE AND PROCEDURE - application for leave to amend grounds of appeal - where findings previously made on merit of grounds of appeal - where application proposes relief in terms which would amend reasons of Administrative Appeals Tribunal - application dismissed
Cases cited: Nugawela v Commissioner of Taxation [2018] FCA 1458 Nugawela v Commissioner of Taxation (No 2) [2019] FCA 512
Date of hearing: 3 June 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 13
Counsel for the Applicant: The Applicant appeared in person
Counsel for the First Respondent: Mr CM Slater
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent did not appear
ORDERS WAD 134 of 2018
BETWEEN: PATRICK ALLEN NUGAWELA Applicant
AND: COMMISSIONER OF TAXATION First Respondent
GREGORY BRUCE DUDLEY AS TRUSTEE FOR THE ESTATE OF PATRICK NUGAWELA NO. WA267 OF 2017 0 Second Respondent
JUDGE: COLVIN J DATE OF ORDER: 3 JUNE 2020
THE COURT ORDERS THAT:
1. The application for leave to amend in terms of the proposed amended notice of appeal dated 30 April 2020 be dismissed. 2. The appeal be listed for hearing at 10.15 am on 31 July 2020 for half a day. 3. Orders 6 and 8 of the orders dated 6 March 2020 be vacated. 4. On or before 6 July 2020, the applicant must file and serve on the first respondent his outline of submissions. 5. On or before 20 July 2020, the first respondent must file and serve on the applicant his outline of submissions meeting the requirements stated in order 7 of the orders of 6 March 2020 and a chronology of the relevant events. 6. The applicant do pay the costs of the application to amend to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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