9 Apr 2013
TM SALA V THE COMMISSIONER OF INLAND REVENUE HC WN CIV-2012-435-21
- Citation
- openlaw-82125103_dfb4_4feb_b907_e6d18f59d637.pdf
- Court
- High Court
Leave to appeal to the Court of Appeal was not required under s 414(2); there was no prima facie basis to restrain advertising because s 65 imposes an obligation to advertise and s 66 only permits non-advertising where an appeal or annulment application exists; the applicant provided no evidence of hardship or grounds for suspension under s 416; public interest and the Official Assignee's duty to identify creditors outweighed unsubstantiated stigma concerns, therefore the application to prevent advertising was refused and any appeal may be lodged directly in the Court of Appeal.