Nugawela v Commissioner of Taxation (No 2) [2019] FCA 512

Nugawela v Commissioner of Taxation (No 2) [2019] FCA 512

Only grounds relating to the adjournment pending application to review the trustee's decision and relief seeking reinstatement of applications before the Tribunal may be pursued; the other grounds are struck out as inconsistent with prior reasoning on summary judgment.

Jurisdiction
Australia
Judgment Date
10 April 2019
Procedural Posture
Appeal / Case Management Hearing
Outcome
Amended notice of appeal struck out in part, appeal to be listed for hearing, costs of today be costs in the appeal.
Legal Topics
['bankruptcy' 'standing in Appeals' 'taxation Assessment Objections']
['commercial and Corporations' 'insolvency'] ['bankruptcy' 'standing in Appeals' 'taxation Assessment Objections']

Case Brief

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Procedural Posture

Appeal / Case Management Hearing

Legal Issues

  1. 1 ['Whether Dr Nugawela has standing to pursue the appeal given his bankruptcy' 'Whether certain grounds in the amended notice of appeal should be struck out' 'Whether proceedings should be stayed pending related reviews']

Ratio Decidendi

Only grounds relating to the adjournment pending application to review the trustee's decision and relief seeking reinstatement of applications before the Tribunal may be pursued; the other grounds are struck out as inconsistent with prior reasoning on summary judgment.

Court Disposition

Amended notice of appeal struck out in part, appeal to be listed for hearing, costs of today be costs in the appeal.

Orders

  • ['The amended notice of appeal be struck out as to paras 1, 3-27 and 30-40.' 'The appeal be listed for hearing on a date to be fixed.' 'Costs of today be costs in the appeal.']