Deputy Commissioner of Taxation v Dobson (No 2)

[2013] QDC 251

[2013] QDC 251

DISTRICT COURT OF QUEENSLAND

CIVIL JURISDICTION

JUDGE ROBIN QC

No. 4919 of 2011

DEPUTY COMMISSIONER OF TAXATION             Plaintiff

and

FRANCIS PHILIP DOBSON  Defendant

BRISBANE

10.35 AM, WEDNESDAY, 24 JULY 2013

ORDER

CATCHWORDS

Summary judgment granted - defendant not appearing - his defence had been struck out, late advantage not taken of leave to re-plead

Uniform Civil Procedure Rules r292

HIS HONOUR:   The Court makes an order in terms of the initialled draft, the effect of which is to grant summary judgment to the plaintiff under rule 292.  There’s no appearance for the defendant who did appear before me on the return date for the summary judgment application on the 29^th of January this year.  As the reasons I gave on that date indicate, given the panoply of legislative provisions backing claims such as the present one, Mr Dobson’s best point in support of his application for adjournment was that there hadn’t been any previous adjournment.  Mr Dobson indicated that he wished to revisit past events with a view to having his taxation affairs revisited, but revising documents historically relied on. 

The matter came before Judge Baulch in March.  Unsurprisingly, his Honour struck out the defence, granting leave to file an amended and properly particularised defence by the 2^nd of April 2013.  That step was not within that time taken and still has not been taken.  As Ms Cameron, appearing for the plaintiff today, points out, with the passing of another six months since the matter was last before me the window of opportunity available to Mr Dobson for revision of business activity statements is now closed, except in respect of the last couple Mr Dobson didn’t have to do anything on that front.  His non-appearance today, although appropriately informed of today’s hearing as the material in exhibit 1 shows, suggests he may have given up.  The plaintiff establishes the case for judgment. 

The certificate attached to Mr Manton’s affidavit affirmed in Sydney today, which Ms Cameron undertakes to produce the original of as soon as it’s available, establishes the judgment amount which includes the taxation debt and also endorsed costs.  Professional costs are not being sought.  Orders as per initialled draft.  Thank you.

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