Deputy Commissioner of Taxation v Tannous [2016] NSWSC 281

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Tannous [2016] NSWSC 281 Hearing dates: 26 February 2016 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) Vacate the hearing date of 11 March 2016. (2) Direct the defendant to file and serve its submissions in response to the plaintiff's submissions on or before 1 April 2016. (3) Direct the parties to approach the listing manager today for the fixing of the first available hearing date thereafter with an estimate of one day. (4) Costs of Monday, today and thrown away by reason of the adjournment granted (if any) are to be paid by the plaintiff Catchwords: PROCEDURE – vacation of hearing date – failure to serve plaintiff submissions until two weeks before trial – where plaintiff is government department Legislation Cited: Civil Procedure Act 2005 (NSW) Taxation Administration Act 1953 (Cth) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Kelly v Westpac Banking Corporation [2014] NSWCA 348. Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Paul Tannous (Defendant) Representation: Counsel: J D Little (Plaintiff) P Costa (Defendant) (solicitor)

Solicitors: Australian Taxation Office - Legal Costa & Associates (Defendant) File Number(s): 2014//316952