Nugawela v Commissioner of Taxation (No 3) [2020] FCA 773

The application for leave to amend is dismissed because the proposed amendments lack merit, seek relief not available to the Court, and address issues already determined.

Jurisdiction: Australia
Judgment Date: 03 June 2020
Procedural Posture: Application to Amend Grounds of Appeal / Ruling on Application for Leave to Amend
Outcome: Application dismissed with costs
Legal Topics: ['application to Amend Grounds of Appeal' 'standing in Bankruptcy' 'relief in Challenge to Tribunal Reasons']

['practice and Procedure'] ['application to Amend Grounds of Appeal' 'standing in Bankruptcy' 'relief in Challenge to Tribunal Reasons']

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Procedural Posture

Application to Amend Grounds of Appeal / Ruling on Application for Leave to Amend

Legal Issues

1 ['Whether leave should be granted to amend grounds of appeal' 'Whether the proposed amendments raise issues already determined or meritless issues' 'Whether relief could be sought to amend Tribunal reasons']

Ratio Decidendi

The application for leave to amend is dismissed because the proposed amendments lack merit, seek relief not available to the Court, and address issues already determined.

Court Disposition

Application dismissed with costs

Orders

['The application for leave to amend in terms of the proposed amended notice of appeal dated 30 April 2020 be dismissed.' 'The appeal be listed for hearing at 10.15 am on 31 July 2020 for half a day.' 'Orders 6 and 8 of the orders dated 6 March 2020 be vacated.' 'On or before 6 July 2020, the applicant must file and...