Kocic v Deputy Commissioner of Taxation [2024] FCA 1386

Federal Court of Australia

Kocic v Deputy Commissioner of Taxation [2024] FCA 1386 Appeal from: Deputy Commissioner of Taxation v Kocic (No 3) [2024] FCA 972

File number: NSD 1283 of 2024

Judgment of: JACKMAN J

Date of judgment: 28 November 2024

Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where primary judge allowed amendments to statement of claim – whether primary judge erred by misapplying the proper approach to contemporary pleadings in circumstances alleging fraud – whether primary judge erred in finding that the statement of claim did not deploy conclusory propositions without identifying primary facts – whether primary judge erred in finding that subsequent breaches of freezing orders could be relevant to an intention to defeat creditors – where insufficient prospects of success to warrant grant of leave to appeal except with respect to one aspect of one ground – where there would not be any significant saving in time or expense if an appeal on that ground were upheld – application dismissed

Legislation: Conveyancing Act 1919 (NSW) s 37A

Cases cited: Banque Commerciale SA v Akhil Holdings Limited (1990) 169 CLR 279 DĂ©cor Corporation Pty Ltd v Dart Industries Inc [1991] FCAFC 844; (1991) 33 FCR 397 Deputy Commissioner of Taxation v Kocic (No 2) [2024] FCA 372 Krakowski v Eurolynx Properties Limited (1995) 183 CLR 563 Marcolongo v Chen [2011] HCA 3; (2011) 242 CLR 546 Nationwide News Pty Ltd v Rush [2018] FCAFC 70 Royal v El Ali [2016] FCA 782 Thompson v STX Pan Ocean Co Pty Ltd [2012] FCAFC 15