Mircevski v Pattison [2011] FCA 740

Mircevski v Pattison [2011] FCA 740

The application was dismissed because the applicant had no evidence to present and the first respondent opposed discontinuance, arguing the court was in a position to dismiss at hearing. The court found these submissions persuasive.

Parties
Applicant: Alex Mircevski; First Respondent: Paul Anthony Pattison; Second Respondent: Pattison Business Recovery & Insolvency Specialists Pty Ltd (ACN 098 345 343); Third Respondent: Insolvency and Trustee Service Australia; Fourth Respondent: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
25 May 2011
Procedural Posture
Application / Judgment After Hearing, on Application to Discontinue/dismiss
Outcome
Application dismissed

Case Brief

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Parties

Alex Mircevski

Applicant

Paul Anthony Pattison

First Respondent

Pattison Business Recovery & Insolvency Specialists Pty Ltd (ACN 098 345 343)

Second Respondent

Insolvency and Trustee Service Australia

Third Respondent

Deputy Commissioner of Taxation

Fourth Respondent

Procedural Posture

Application / Judgment After Hearing, on Application to Discontinue/dismiss

Legal Issues

  1. 1 Whether the applicant should be permitted to discontinue the proceeding or whether it should be dismissed

Ratio Decidendi

The application was dismissed because the applicant had no evidence to present and the first respondent opposed discontinuance, arguing the court was in a position to dismiss at hearing. The court found these submissions persuasive.

Court Disposition

Application dismissed

Orders

  • The substantive application is dismissed.
  • The applicant pay the first respondent's costs of the proceeding.