Leeming, Eric C v Commissioner of Taxation

[1998] FCA 382

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 687 of 1997

BETWEEN:	ERIC C LEEMING Applicant
AND:	COMMISSIONER OF TAXATION Respondent

JUDGE:	BURCHETT J
DATE:	9 APRIL 1998
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

In this matter, the applicant seeks to appeal under s 44 of the Administrative Appeals Tribunal Act 1975 from a decision of Senior Member Block given on 29 July 1997. Today’s date was fixed for the hearing some time ago, at a time when the applicant was represented by a solicitor who has since filed a notice of ceasing to act, and has advised his client’s last known address. A letter has been sent to that address confirming the hearing date, in case there should have been any misunderstanding. However, there is no reason to suggest that in fact there was any misunderstanding. The applicant has simply not appeared, and has not communicated to the court any explanation.

I have been taken to the reasons of the Tribunal and to the terms of the notice of appeal.  In the absence of any argument put forward on behalf of the applicant, I see no reason why the
decision should be disturbed.  In all the circumstances, I think it is appropriate that the appeal be dismissed on the basis of non-prosecution, and that the applicant be ordered to pay the costs.  I so order.

I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of the Honourable Justice Burchett

Associate:

Dated:            20 April 1998

Counsel for the Respondent:	Mr D B McGovern
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 April 1998
Date of Judgment:	9 April 1998