Huang v Deputy Commissioner of Taxation [2020] FCA 1518

Federal Court of Australia

Huang v Deputy Commissioner of Taxation [2020] FCA 1518 Appeal from: Deputy Commissioner of Taxation v Huang [2019] FCA 1728

File number: NSD 1759 of 2019

Judgment of: BESANKO J

Date of judgment: 22 October 2020

Catchwords: PRACTICE AND PROCEDURE — application for a stay of the orders of the Full Court of the Federal Court — where freezing order made in relation to assets in Australia and overseas — where appellant has substantial assets in Hong Kong and China — where appeal allowed and order set aside with respect to overseas assets — where application made for special leave to appeal to the High Court of Australia — consideration of the prospects of success of the application for special leave — consideration of the balance of convenience

Legislation: Bankruptcy Act 1966 (Cth) ss 40, 43, 81 Federal Court of Australia Act 1976 (Cth) s 25 Federal Court Rules 2011 (Cth) rr 7.32, 7.35

Cases cited: Alexander v Cambridge Credit Corp Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Ballabil Holdings Pty Ltd v Hospital Products Ltd (1985) 1 NSWLR 155 Bryant v Commonwealth Bank of Australia [1996] HCA 3; (1996) 70 ALJR 306 Derby & Co Ltd v Weldon (Nos 3 and 4) [1990] Ch 65 Derby & Co Ltd v Weldon (No 6) [1990] 1 WLR 1139 Federal Commissioner of Taxation v Myer Emporium Ltd (No 1) [1986] HCA 13; (1986) 160 CLR 220 George v Fletcher (Trustee) (No 3) [2012] FCAFC 188 Huang v Deputy Commissioner of Taxation [2020] FCAFC 141 Huang v Deputy Commissioner of Taxation (No 2) [2020] FCAFC 160 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) [1986] HCA 84; (1986) 161 CLR 681 Masri v Consolidated Contractors International (UK) Ltd (No 2) [2009] QB 450 Mercanti v Mercanti [2017] HCA 1; (2017) 91 ALJR 258 Owners of "Shin Kobe Maru" v Empire Shipping Co Inc [1994] HCA 54; (1994) 181 CLR 404 Rinehart v Welker [2012] NSWCA 1; (2012) 83 NSWLR 347