John Joseph Mostyn v Deputy Commissioner of Taxation

[1987] FCA 827

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY	)	NO. G228 Of 1987
)

DIVISION GENERAL )

BETWEEN : JOHN JOSEPH MOSTYN

Applicant

-	AND :	THE DEPUTY COMMISSIONER	OF TAXATION
Respondent

MINUTES OF ORDER

Judge making order:	Beaumont, J.
Date order made:	28 May 1987
Where made:	Sydney
THE COURT ORDERS:

1. Application stood over generally with liberty to

restore on seven days' notice.

2. Costs reserved.

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 No. G228 of 1986

)

GENERAL DIVISION )

BETWEEN:	JOHN JOSEPH MOSTYN
Applicant .

AND :

THE DEPUTY COMMISSIONER OF TAXATION

Respondent

CORAM: Beaumont, J. DATED: 28 May 1987

REASONS FOR JUDGMENT

The background of this matter appears in the reasons for judgment in proceedings between the parties No. G.414 of 1986. In these proceedings, the prosecutor seeks orders by way of judicial review pursuant to the provisions of s.39B(1) of the Judiciary Act 1903 (see p.8 of those reasons). Sch 1 of the Judicial Review Act exempts certain decisions from review under that statute but there is no such limitation on the jurisdiction

conferred on the Court by s.39B(1) of the Judiciary Act (See

Mahoney v. Singh-Dillon, Full Federal Court, unreported, 19

February 1987).

Having found against the respondent on his objection to jurisdiction in the other proceedings, it is unnecessary that I deal further with this application. I propose to stand the

. 2.

proceedings over generally but reserve liberty to restore should restoration to the list become necessary. Costs will be reserved.

preceding Ofu2 ( I )

page are a true copy of the

I certify that this and the his Honour Mr. Justice Bepumont.

Dated: 28 May 1987