Deputy Commissioner of Taxation v Hanselmann [2017] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Deputy Commissioner of Taxation v Hanselmann [2017] NSWCA 80 Hearing dates: 10 April 2017 Decision date: 10 April 2017 Before: Payne JA Decision: (1) Time for filing and serving of this notice of motion be extended pursuant to r 1.12 of the Uniform Civil Procedure Rules 2005 (2) The appellant's summons for leave to appeal be dismissed as incompetent pursuant to r 51.41 of the Uniform Civil Procedure Rules 2005 Catchwords: APPEAL – application for dismissal of appeal as incompetent – application for extension of time – appellant bankrupt – appeal dismissed as incompetent Legislation Cited: Bankruptcy Act 1966 (Cth), s 82 Federal Circuit Court Rules 2001 (Cth), r 20.02 Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 51.41 Cases Cited: Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Gabor Horvath & Anor v Paul A. Pattison [1998] FCA 28 Samootin v Shea [2010] NSWCA 371 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (applicant) Rudolf Hanselmann (respondent) Representation: Solicitors: Mr R Hanselmann (in person) Mr K Metlej (respondent) File Number(s): 2016/00197354 Decision under appeal Court or tribunal: District Court of NSW Date of Decision: 8 June 2016 Before: Maiden DCJ File Number(s): 2013/00125059