Greer v Deputy Commissioner of Taxation

[1999] FCA 358

FEDERAL COURT OF AUSTRALIA

Greer v Deputy Commissioner of Taxation [1999] FCA 358

BANKRUPTCY – appeal against a decision of a Judge making a sequestration order pursuant to s 52 of the Bankruptcy Act 1966 (Cth) – whether decision involved an error of law.

Bankruptcy Act 1966 (Cth) s 52

House v R (1936) 55 CLR 499 cited

GEORGE STEPHEN GREER v DEPUTY COMMISSIONER OF TAXATION
NG 716 OF 1998

LEE, WHITLAM AND WEINBERG JJ
16 FEBRUARY 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 716 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	GEORGE STEPHEN GREER Appellant
AND:	DEPUTY COMMISSIONER OF TAXATION Respondent
JUDGES:	LEE, WHITLAM AND WEINBERG JJ
DATE OF ORDER:	16 FEBRUARY 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The appeal be dismissed with costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 716 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	GEORGE STEPHEN GREER Appellant
AND:	DEPUTY COMMISSIONER OF TAXATION Respondent

JUDGES:	LEE, WHITLAM AND WEINBERG JJ
DATE:	16 FEBRUARY 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. This is an appeal from the decision of a Judge of this Court (Burchett J) who, upon being satisfied that the matters necessary to be proved under s 52 of the Bankruptcy Act 1966 (Cth) (“the Act”) for the making of an order had been proved, ordered that the estate of the appellant be sequestrated. Under the Act a sequestration order is made at the discretion of the Court, that discretion being exercised with regard to the provisions of the Act and judicial principles.

2. We have considered the appellant’s grounds of appeal and his submissions thereon. They do not show that his Honour’s decision was affected by an error of law providing a ground for this Court to interfere. (See:  House v R (1936) 55 CLR 499 per Dixon, Evatt, McTiernan JJ at 505.) It is unnecessary to repeat or to add to the reasons provided by his Honour which adequately explain and support the decision he made.

1. The appeal must be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Lee, Whitlam and Weinberg JJ.

Associate:

Dated:             

The Appellant appeared in person.
Counsel for the Respondent:	M R Aldridge
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	16 February 1999
Date of Judgment:	16 February 1999