Binetter v Commissioner of Taxation

In the matter of Binetter v Commissioner of Taxation, the applicant sought judicial review of decisions made by the Commissioner of Taxation, including the revocation of a Departure Prohibition Order and the issuing of a Departure Authorisation Certificate. The proceedings were initiated on 5 June 2015, with the applicant seeking mandamus or an injunction to compel the Commissioner to make certain decisions under the Taxation Administration Act 1953. The applicant, Binetter, was subject to a Departure Prohibition Order issued on 10 June 2014, which was later varied. Binetter sought the revocation of this order and the issuance of a Departure Authorisation Certificate to permit travel to the United States.

The court had to determine whether the circumstances that led the applicant to seek leave to discontinue the proceeding warranted an order for the Commissioner to pay the applicant’s costs. The legal issues included the assessment of the applicant's reasons for discontinuing the proceedings and whether these reasons justified the imposition of costs on the Commissioner. The court needed to balance the applicant’s right to discontinue proceedings with the potential impact on the Commissioner, particularly in light of the ongoing litigation involving Binetter.

The court found that the applicant's reasons for discontinuing the proceedings were justified, considering the personal and professional circumstances presented. The court acknowledged the applicant’s commitments to his children and ongoing litigation in Australia, which necessitated his presence. Consequently, the court granted the applicant leave to discontinue the proceeding and ordered the Commissioner to pay the applicant’s costs, including those incurred on the day of the hearing. This decision was made in accordance with the Federal Court Rules 2011.