James v Deputy Commissioner of Taxation (No 3)

[2010] FCA 1329

FEDERAL COURT OF AUSTRALIA

James v Deputy Commissioner of Taxation (No 3) [2010] FCA 1329

Citation:		James v Deputy Commissioner of Taxation (No 3) [2010] FCA 1329
Parties:		TREVOR ARNOLD JAMES v DEPUTY COMMISSIONER OF TAXATION
File number:		QUD 75 of 2010
Judge:		DOWSETT J
Date of judgment:		8 November 2010
Date of hearing:	8 November 2010
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	2
Counsel for the Applicant:	The Appellant appeared in person
Counsel for the Respondent:	Mr P Bickford
Solicitor for the Respondent:	Australian Taxation Office Legal Services Branch

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 75 of 2010

BETWEEN:	TREVOR ARNOLD JAMES Appellant
AND:	DEPUTY COMMISSIONER OF TAXATION Respondent

JUDGE:	DOWSETT J
DATE OF ORDER:	8 NOVEMBER 2010
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The proceeding be dismissed pursuant to Order 52, rule 38 of the Federal Court Rules;

2.The appellant pay the Deputy Commissioner of Taxation’s costs of and incidental to the notice of motion filed 5 October 2010; and

3.The appellant pay the Deputy Commissioner of Taxation’s costs of and incidental to the appeal.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 75 of 2010

BETWEEN:	TREVOR ARNOLD JAMES Appellant
AND:	DEPUTY COMMISSIONER OF TAXATION Respondent

JUDGE:	DOWSETT J
DATE:	8 NOVEMBER 2010
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This is an application to strike out an appeal.  On 23 April 2010 I ordered that the appellant give security for costs of the appeal in the amount of $20,000 to the satisfaction of the Registrar; such security to be provided within 28 days.  In default of such security being provided the appeal was to be stayed.  The amount was not supplied.  No explanation has been given which might suggest that there is any prospect of the security being offered in the future. 

2. In those circumstances, no good point will be served by leaving the appeal on foot.  The appeal will be struck out.  I order that the appellant pay the costs incurred by the Deputy Commissioner of, and incidental to the appeal and the motion heard today. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:       8 November 2010