NSW Caselaw
New South Wales District Court
CITATION: Deputy Commissioner of Taxation v Kocic [2010] NSWDC 185
HEARING DATE(S): 9-10 February 2010; 12 March 2010; 12 April 2010; 31 May 2010; 1 June 2010; 23 July 2010; 12 August 2010; written submissions to 17 August 2010
JUDGMENT DATE: 30 August 2010
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Judgment for the plaintiff for $532,043.42. (2) Defendant pay plaintiff's costs. DECISION: (3) The parties have leave to file short minutes of order reflecting the mathematically agreed sum of principle and interest. (4) Liberty to apply in relation to interest and costs. (5) Exhibits retained for 28 days.
CATCHWORDS: TAXES AND DUTIES - income tax and related legislation - whether the defendant was a director so that he became liable for a penalty under s 222AOB Income Tax Assessment Act 1936 (Cth) - verdict for the plaintiff
Australian Securities and Investment Commission Act 2001 (Cth), s 11(4) LEGISLATION CITED: Civil Procedure Act 2005 (NSW), s 100 Corporations Act 2001 (Cth), ss 9, 102F, 102G, 102H, 201D, 248B, 251A and 1322(4) Income Tax Assessment Act 1936 (Cth), s 222AOB
CASES CITED: Deputy Commissioner of Taxation v Lesley Frances Robertson [2009] NSWSC 597 Jones v Dunkel (1959) 101 CLR 298; [1959] ALR 367; (1959) 32 ALJR 395; (1959) 76 WN (NSW) 278
PARTIES: Plaintiff: Deputy Commissioner of Taxation Defendant: Senad Kocic
FILE NUMBER(S): 320412 of 2008
COUNSEL: Plaintiff: Ms S Foda Defendant: Mr J Johnson
SOLICITORS: Plaintiff: ATO Legal Services Branch Defendant: ERA Legal
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