Re Hadidi, M. Ex parte Deputy Commissioner of Taxation
[1993] FCA 775
•28 OCTOBER 1993
Re: MARCELLE HADIDI
Ex parte: DEPUTY COMMISSIONER OF TAXATION
No. NP3318 of 1992
FED No. 775
Number of pages - 1
Bankruptcy
COURT
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES
GENERAL DIVISION
SWEENEY J
CATCHWORDS
Bankruptcy - creditor's petition presented based upon a judgment obtained for tax owed; after judgment an agreement by petitioner to accept taxpayer's offer of settlement - petition dismissed.
HEARING
MELBOURNE, 8 October 1993
#DATE 28:10:1993
Counsel for the Debtor: Mr P. Brereton
Solicitor for the Debtor: Michael Chahoud $P Counsel for the Petitioning Creditor: Mr M. Aldridge
Solicitor for the Petitioning Creditor: Australian Government
Solicitor
ORDER
THE COURT ORDERS:
That the petition be dismissed, with costs, including any reserved costs.
Note: Settlement and entry of orders is dealt with in O.36 of the Federal Court Rules.
JUDGE1
SWEENEY J On 2 October 1992 the Deputy Commissioner of Taxation ("the petitioning creditor") presented a petition against Marcelle Hadidi ("the debtor") the wife of Toni Hadidi, the debtor named in creditor's petition proceedings No. P3317 of 1992. The petition was based upon a judgment obtained against her in the District Court at Parramatta on 7 February 1989 in the sum of $48,419.49, together with costs of $85 for unpaid income tax for the years ending 30 June 1979, 1980, 1981, 1982 and 1985 together with additional tax for late payment, totalling, $80,874.50.
In the debtor's Notice of Intention to Appear filed 16 April 1993 she sets out grounds of opposition (which, mutatis mutandis, follow those set out by her husband in P3317/92) and the fate of this petition turns upon the same issues as that raised in the petition against Mr Hadidi, which are set out in full in the reasons for judgment in the petition against him.
For the same reasons as those given in respect of that petition, the life of which was extended to 3 October 1994, the Court orders that the petition be dismissed, with costs, including any reserved costs.
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