NSW Caselaw
New South Wales Supreme Court
CITATION : DCT v Glennan [2004] NSWSC 885 HEARING DATE(S) : 16 September 2004 JUDGMENT DATE : 24 September 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The amended defence and cross-claim are struck out; (2) Judgment to be entered in favour of the plaintiff; (3) The defendant is to pay the plaintiff the sum of $5,667,207.09; (4) The defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : Strike out defence and cross-claim Administrative Appeals Tribunal Act 1975 - s 37(1); s 14ZZ; s 14ZY(2); s 25; s 44(1) Contract Review Act 1980 (NSW) LEGISLATION CITED : Income Tax Assessment Act 1936 (Cth) - s 26(e); s 177 Supreme Court Rules 1970 (NSW) - Part 13 r 2; Part 34(3) Taxation Administration Act 1953 (Cth) - Part IVC CBC v Pollard & Anor (1983) 1 NSWLR 74 DCT v Walker (1994) 183 CLR 168 CASES CITED : Henderson v Henderson [1843-60] All ER 378 Mooney v DCT (1906) 3 CLR 221 Port Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 Deputy Commissioner of Taxation (Plaintiff) PARTIES : Michael J Glennan (Defendant) FILE NUMBER(S) : SC 11821/2003 COUNSEL : Mr S Gageler SC with Mr R Quinn (Plaintiff) Ms Ria Vavakis (Plaintiff)
SOLICITORS : Mr D Knaggs (Defendant)
Mr M J Glennan (Defendant in person)
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