Commissioner of Taxation v Grimaldi (No. 10) [2009] FCA 1434

Commissioner of Taxation v Grimaldi (No. 10) [2009] FCA 1434

Nothing has been advanced by the fourth respondent to warrant the grant of a stay in the circumstances of this case; similar past applications were dismissed.

Parties
Applicant: Commissioner of Taxation; First Respondent: Phillip Grimaldi; Second Respondent: Garry Bonaccorso; Third Respondent: IFTC Broking Services Ltd; Fourth Respondent: MGG Capital Pty Limited as Trustee for Webtel Management Super Fund; Fifth Respondent: James Darroch Wallace; Sixth Respondent: Josephine Mary Wallace; Seventh Respondent: Thomas George Klinger
Jurisdiction
Australia
Judgment Date
27 November 2009
Procedural Posture
Application for Stay of Execution / Post Judgment Motion
Outcome
Application for stay of execution dismissed
Legal Topics
Stay of Execution, Procedural Motions
Taxation Civil Procedure Stay of Execution Procedural Motions

Case Brief

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Parties

Commissioner of Taxation

Applicant

Phillip Grimaldi

First Respondent

Garry Bonaccorso

Second Respondent

IFTC Broking Services Ltd

Third Respondent

MGG Capital Pty Limited as Trustee for Webtel Management Super Fund

Fourth Respondent

James Darroch Wallace

Fifth Respondent

Josephine Mary Wallace

Sixth Respondent

Thomas George Klinger

Seventh Respondent

Procedural Posture

Application for Stay of Execution / Post Judgment Motion

Legal Issues

  1. 1 Whether a stay of execution should be granted in respect of judgment against the fourth respondent

Ratio Decidendi

Nothing has been advanced by the fourth respondent to warrant the grant of a stay in the circumstances of this case; similar past applications were dismissed.

Court Disposition

Application for stay of execution dismissed

Orders

  • The application made ore tenus by the fourth respondent on 27 November 2009 for a stay of execution of the judgment given for the applicant against the fourth respondent on 27 November 2009 be dismissed.