Spirakos v Deputy Commissioner of Taxation

[2006] HCATrans 303

[2006] HCATrans 303

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M154 of 2005

B e t w e e n -

CON SPIRAKOS

Applicant

and

DEPUTY COMMISSIONER OF TAXATION

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 JUNE 2006, AT 9.20 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia.  By those orders, the Full Court granted leave to appeal but dismissed an appeal against orders made by a single judge of the Court (North J).  North J had dismissed the applicant’s application for an extension of time within which to file a notice of appeal against a decision of the Administrative Appeals Tribunal that the Tribunal had no jurisdiction to hear an application for review of the disallowance of an objection to an assessment to income taxation made by the Deputy Commissioner.  The Tribunal concluded that it had no jurisdiction because the applicant was a bankrupt.

Because the applicant is unrepresented his application for special leave falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant seeks to agitate a wide range of matters many of which concern the underlying merits of his complaint that the assessments he would wish to challenge were excessive.  There is, however, no reason to doubt the correctness of the orders made by the Full Court.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.21 AM THE MATTER WAS CONCLUDED