Commissioner of Taxation v Grimaldi (No. 5) [2009] FCA 765

Commissioner of Taxation v Grimaldi (No. 5) [2009] FCA 765

Neither the first respondent nor the second respondent had reasonable prospects of successfully defending the claims against them; summary judgment granted in the amounts claimed by the Commissioner based on the production of notices of assessment and certificates, and concurrent tax liability does not bar recovery.

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
Jurisdiction
Australia
Judgment Date
13 July 2009
Procedural Posture
Civil / Summary Judgment Motion
Outcome
summary judgment granted for applicant against first and second respondents
Legal Topics
Summary Judgment, Income Tax Assessments, Concurrent Tax Liability, Restraining Orders
Taxation Law Civil Procedure Summary Judgment Income Tax Assessments Concurrent Tax Liability Restraining Orders

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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

Procedural Posture

Civil / Summary Judgment Motion

Legal Issues

  1. 1 Whether first and second respondents have reasonable prospects of successfully defending claims for tax liability
  2. 2 Whether concurrent assessments for tax liability are permissible
  3. 3 Effect of restraining orders under Criminal Assets Recovery Act 1990 (NSW) on Commissioner's right to judgment

Ratio Decidendi

Neither the first respondent nor the second respondent had reasonable prospects of successfully defending the claims against them; summary judgment granted in the amounts claimed by the Commissioner based on the production of notices of assessment and certificates, and concurrent tax liability does not bar recovery.

Court Disposition

summary judgment granted for applicant against first and second respondents

Orders

  • Judgment for the applicant against the first respondent in the sum of $36,341,461.73
  • Judgment for the applicant against the second respondent in the sum of $3,552,577.81