Binetter v Deputy Commissioner of Taxation [2011] FCA 184

Binetter v Deputy Commissioner of Taxation [2011] FCA 184

Mr Binetter did not have standing to seek leave to appeal the orders, as the potential for involvement in liquidator investigations was too remote to constitute being 'aggrieved' or sufficiently interested for appeal purposes.

Jurisdiction
Australia
Judgment Date
04 March 2011
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave
Outcome
Application dismissed with costs
Legal Topics
['standing for Leave to Appeal' 'winding Up' 'appeal by Non Party' 'costs' 'reinstatement of Deregistered Companies']
['corporations Law' 'practice and Procedure'] ['standing for Leave to Appeal' 'winding Up' 'appeal by Non Party' 'costs' 'reinstatement of Deregistered Companies']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave

Legal Issues

  1. 1 ['Whether a former director has standing as a non-party to seek leave to appeal orders for winding up and re-registration of companies' "Whether risks posed by possible liquidator investigations confer sufficient interest to be 'aggrieved'" 'Whether adverse costs order confers standing to appeal winding up and reinstatement orders']

Ratio Decidendi

Mr Binetter did not have standing to seek leave to appeal the orders, as the potential for involvement in liquidator investigations was too remote to constitute being 'aggrieved' or sufficiently interested for appeal purposes.

Court Disposition

Application dismissed with costs

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs."]