Deputy Commissioner of Taxation v Frangieh [2016] NSWSC 151

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Frangieh [2016] NSWSC 151 Hearing dates: 29 February 2016 Date of orders: 29 February 2016 Decision date: 29 February 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders:

(1) The hearing is adjourned to Monday, 7 March 2016 at 10.00 am for three weeks.

(2) The defendant/cross claimant is to pay the plaintiff/cross defendant's costs thrown away by the adjournment. Catchwords: PROCEDURE – civil – application to vacate hearing – counsel returned brief week prior to hearing – opportunity to find and brief alternative counsel – adjournment for one week Legislation Cited: Civil Procedure Act 2005 (NSW) Income Tax Assessment Act 1936 (Cth) Income Tax Regulations 1936 (Cth) Taxation Administration Act 1953 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ANZ v Mio Amico Pty Ltd [2013] NSWSC 716 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Dawson (t/as Goodvibes Yachts) v Deputy Commissioner of Taxation (1984) 56 ALR 367 Hamod v State of New South Wales [2011] NSWCA 375 Squire v Rogers (1979) 27 ALR 330 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff/Cross Defendant) Jo Frangieh also known as Joseph Frangieh (Defendant/Cross Claimant) Representation: Counsel: RJ Weber SC with SAC Patterson (Plaintiff/Cross Defendant)