Binetter v Deputy Commissioner of Taxation (No 2) [2011] FCA 207

Binetter v Deputy Commissioner of Taxation (No 2) [2011] FCA 207

There is no right to appeal from a decision of a single judge refusing leave to appeal to the Full Court, and the application for a stay of orders pending special leave to appeal is not maintainable; accordingly, the application is dismissed with costs.

Parties
Applicant: Gary Robert Binetter; First Respondent: Deputy Commissioner of Taxation; Second Respondent: Australian Securities & Investments Commission
Jurisdiction
Australia
Judgment Date
04 March 2011
Procedural Posture
Application for Stay of Orders Pending Appeal / Dismissal of Application for Stay of Orders Pending Outcome of Appeal to High Court
Outcome
application dismissed with costs
Legal Topics
Stay of Orders, Special Leave to Appeal, Appeals From Refusal of Leave, Federal Court Jurisdiction
Practice and Procedure Stay of Orders Special Leave to Appeal Appeals From Refusal of Leave Federal Court Jurisdiction

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Parties

Gary Robert Binetter

Applicant

Deputy Commissioner of Taxation

First Respondent

Australian Securities & Investments Commission

Second Respondent

Procedural Posture

Application for Stay of Orders Pending Appeal / Dismissal of Application for Stay of Orders Pending Outcome of Appeal to High Court

Legal Issues

  1. 1 Whether the Court should grant a stay of orders pending an application for special leave to appeal to the High Court
  2. 2 Whether there is a right of appeal to the High Court from a decision refusing leave to appeal to the Full Court

Ratio Decidendi

There is no right to appeal from a decision of a single judge refusing leave to appeal to the Full Court, and the application for a stay of orders pending special leave to appeal is not maintainable; accordingly, the application is dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • The application be dismissed with costs.