Deputy Commissioner of Taxation v Westmeat Development Pty Ltd as trustee for Westmeat Development Trust [2024] NSWSC 548

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Westmeat Development Pty Ltd as trustee for Westmeat Development Trust [2024] NSWSC 548 Hearing dates: 6 May 2024 Date of orders: 6 May 2024 Decision date: 06 May 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Judgment ordered as against several parties jointly and severally in the amount of $17,357,593.94 pursuant to settlement agreement. Catchwords: PRACTICE AND PROCEDURE – Adjournment application – Whether adjournment should be granted. PRACTICE AND PROCEDURE – Whether judgment should be entered pursuant to an agreement between the parties – Where parties had defaulted under settlement agreement. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 71, 73 - Supreme Court Rules 1970 (NSW) - Uniform Civil Procedure Rules 2005 (NSW) rr 13.1, 36.1A Cases Cited: - Ahmed v Chowdery [2011] NSWSC 893 Category: Procedural rulings Parties: Deputy Commissioner of Taxation (First Plaintiff) Commonwealth of Australia as represented by the Commissioner of Taxation (Second Plaintiff) Westmeat Development Pty Ltd as trustee for Westmeat Development Trust (First Defendant) Elizabeth Bay Development Pty Ltd as trustee for Elizabeth Bay Development Trust (Second Defendant) NG Property Management Pty Ltd as trustee for Ramsgate Unit Trust (Third Defendant) Hurstville Developments Group Pty Ltd as trustee for Hurstville Developments Unit Trust (Fourth Defendant) Parramatta Development Pty Ltd as trustee for Parramatta Development Unit Trust (Fifth Defendant) Alexandria Development Pty Ltd as trustee for Alexandria Development Unit Trust (Sixth Defendant) Belfield Development Pty Ltd as trustee for Belfield Development Unit Trust (Seventh Defendant) NNG Holdings Pty Ltd as trustee for NNG Family Trust (Eighth Defendant) Cash Supply Pty Ltd (in liq) (Ninth Defendant) Nahi Nasri Gazal (Tenth Defendant) Nasri Nahi Gazal (Eleventh Defendant) Nathan Gazal (Twelfth Defendant) Bassem El Youssef (Thirteenth Defendant) Susana Oliveira (Fourteenth Defendant) Representation: Counsel: S Scott (Plaintiff) A Berriman (Tenth Defendant) P Afshar (Twelfth Defendant) F Corsaro SC (Thirteenth Defendant)