Deputy Commissioner of Taxation v Bonaccorso [2016] NSWSC 595

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Bonaccorso [2016] NSWSC 595 Hearing dates: 29 March 2016 and 29 April 2016 Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr Bonaccorso's notices to produce and subpoena are set aside, other than as to the document described at [85]. (2) Mr Bonaccorso has leave to file a further defence, within 21 days. (3) Otherwise Mr Bonaccorso's motions are dismissed. (4) The proceedings are otherwise adjourned to the Registrar's list on 3 June 2016. Catchwords: PROCEDURE – notice of motion – order seeking to strike out defence – order sought for summary judgment – motion dismissed

PROCEDURE – notice of motion – notice to produce – order seeking to set aside notice to produce – notice set aside in part

PROCEDURE – notice of motion – order seeking to set aside subpoena to produce documents – subpoena set aside

PROCEDURE – notice of motion – order seeking to strike out statement of claim – motion dismissed

PROCEDURE – notice of motion – leave to file notice of produce and seeking to strike out application – motion dismissed

PROCEDURE – notice of motion - order seeking to further amend defence – leave sought under s 63 of the Supreme Court Act 1970 (NSW) – leave granted to file a further defence

PROCEDURE – notice of motion – order to strike out statement of claim – orders sought under the Crimes Act 1914 (NSW) – order to issue notices of quo warranto – motion dismissed Legislation Cited: Bills of Exchange Act 1909 (Cth) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes Act 1958 (Vic) Civil Procedure Act 2005 (NSW) Income Tax Assessment Act 1997 (Cth) Judiciary Act 1903 (Cth) Public Service Act 1999 (Cth) Supreme Court Act 1970 (NSW) Taxation Administration Act 1953 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amrit Lal Narain v Parnell [1986] FCA 89; (1986) 9 FCR 479 Australian Tape Manufacturers Association Ltd v Commonwealth [1993] HCA 10; (1993) 176 CLR 480 Australian Competition & Consumer Commission v C G Berbatis Holdings Pty Ltd [1999] FCA 1151; (1999) 95 FCR 292 Commissioner of Taxation v Grimaldi (No. 5) [2009] FCA 765; (2009) 76 ATR 352 Commissioner of Taxation v Grimaldi (No. 9) [2009] FCA 1404; (2009) 181 FCR 275 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71; (2013) 16 BPR 31,705 Spencer v The Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Garry Bonaccorso (Defendant) Representation: Counsel: Mr R Scuby (Plaintiff)