Deputy Commissioner of Taxation v Bobos [2018] NSWDC 34

District Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Bobos [2018] NSWDC 34 Hearing dates: 16 November 2017, 2 February 2018 Date of orders: 05 February 2018 Decision date: 05 February 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: Application of 18 May 2017 is dismissed.

Applicant to pay the respondent's costs. Catchwords: PRACTICE & PROCEDURE – Application to set aside default judgment – Judgment entered regularly – Application made to set aside judgment over 2.5 years later – Need to establish an arguable defence – None established – Applicant's conduct consistent with existence of debt – No adequate explanation for failure to file a defence – No adequate explanation for delay Legislation Cited: Income Tax Assessment Act 1936 Taxation Administration Act 1953 Uniform Civil Procedure Rules 2005 Cases Cited: Adams v Kennick Trading (International) Ltd (1986) 4 NSWLR 503 Byron v Southern Star Group Pty Limited trading as KGC Magnetic Tapes (1995) 123 FLR 352 Cohen v McWilliam (1995) 38 NSWLR 476 Goater v Commonwealth Bank of Australia [2014] NSWCA 382 Category: Procedural and other rulings Parties: Nicholas Bobos (Applicant) Deputy Commissioner of Taxation (Respondent) Representation: Counsel: In person (Applicant) Mr N Swan (Respondent)

Solicitors: Solicitors for ATO Review & Dispute Resolution (Respondent) File Number(s): 2014/214461 Publication restriction: Nil