MacMahon v Block

[2010] FCA 947

FEDERAL COURT OF AUSTRALIA

MacMahon v Block [2010] FCA 947

Citation:	MacMahon v Block [2010] FCA 947
Parties:	GREGORY MACMAHON v JULIAN BLOCK, DEPUTY PRESIDENT ADMINISTRATIVE APPEALS TRIBUNAL, STEPHEN FROST, SENIOR MEMBER ADMINISTRATIVE APPEALS TRIBUNAL and COMMISSIONER OF TAXATION
File number:	NSD 1032 of 2010
Judge:	KATZMANN J
Date of judgment:	12 August 2010
Catchwords:	BANKRUPTCY AND INSOLVENCY – application for interlocutory injunction – Administrative Appeals Tribunal refused to stay applicant’s proceedings for review of several of the Commissioner’s decisions – similar proceedings relating to the same transaction brought by the applicant’s brother were to be heard together – petition for brother’s bankruptcy presented – applicant argued that his proceedings stayed by s 60 of the Bankruptcy Act - applicant’s proceedings separate proceedings and not stayed because of brother’s bankruptcy – interlocutory injunction refused
Legislation:	Administrative Appeals Tribunal Act 1975 (Cth), s 33 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Bankruptcy Act 1966 (Cth), s 60 Judiciary Act 1903 (Cth), s 39B
Cases cited:	Australian Broadcasting Corporation v O’Neill [2006] HCA 46, 227 CLR 57 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Beneficial Insurance Company Ltd v Hamilton (1985) 73 FLR 347 cited Commonwealth v Sciacca (1988) 17 FCR 476 cited Geographical Indications Committee v O’Connor [2000] FCA 1877, 64 ALD 325 cited John v Neiman Holdings Pty Ltd (1986) 84 FLR 84 distinguished Lofthouse, Re [2001] FCA 25, 107 FCR 151 cited McKellar v Container Terminal Management Services Ltd (No 4) [2002] FCA 185 cited Nevistic v Minister for Immigration and Ethnic Affairs (1981) 34 ALR 639 applied WAKN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1245, 138 FCR 579 applied
Date of hearing:	11 August 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	24
Counsel for the Applicant:	Mr D McGovern SC with Mr I Young
Solicitor for the Applicant:	Jade Lawyers
Counsel for the Third Respondents:	Mr T Thawley with Mr G O'Mahoney
Solicitor for the Third Respondent:	Australian Taxation Office, Legal Services Branch

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD1032 of 2010

BETWEEN:

GREGORY MACMAHON
Applicant

AND:

JULIAN BLOCK, DEPUTY PRESIDENT ADMINISTRATIVE APPEALS TRIBUNAL
First Respondent

STEPHEN FROST, SENIOR MEMBER ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

COMMISSIONER OF TAXATION
Third Respondent

JUDGE:	KATZMANN J
DATE OF ORDER:	12 AUGUST 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for an interlocutory injunction is refused. 

2.The applicant pay the third respondent’s costs.

THE COURT NOTES:

3.The undertaking of the applicant’s solicitor to pay the filing fee for the application for an order of review.

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
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD1032 of 2010

BETWEEN:	GREGORY MACMAHON Applicant
AND:	JULIAN BLOCK, DEPUTY PRESIDENT ADMINISTRATIVE APPEALS…