FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Grimaldi (No. 10) [2009] FCA 1434
NSD 407 of 2009
GRAHAM J
27 NOVEMBER 2009
SYDNEY
| IN THE FEDERAL COURT OF AUSTRALIA |
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| NEW SOUTH WALES DISTRICT REGISTRY |
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| gENERAL DIVISION | NSD 407 of 2009 |
| COMMISSIONER OF TAXATION Applicant
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| AND: | PHILLIP GRIMALDI First Respondent
GARRY BONACCORSO Second Respondent
IFTC BROKING SERVICES LTD Third Respondent
MGG CAPITAL PTY LIMITED AS TRUSTEE FOR WEBTEL MANAGEMENT SUPER FUND Fourth Respondent
JAMES DARROCH WALLACE Fifth Respondent
JOSEPHINE MARY WALLACE Sixth Respondent
THOMAS GEORGE KLINGER Seventh Respondent
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| JUDGE: | |
| DATE OF ORDER: | 27 NOVEMBER 2009 |
| WHERE MADE: | SYDNEY |
THE COURT ORDERS THAT:
1. The application made ore tenus by the fourth respondent on 27 November 2009 for a stay of execution of the judgment given for the applicant against the fourth respondent on 27 November 2009 be dismissed.
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 eSearch on the Court’s website.
| IN THE FEDERAL COURT OF AUSTRALIA |
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| NEW SOUTH WALES DISTRICT REGISTRY |
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| general division | NSD 407 of 2009 |
| BETWEEN: | COMMISSIONER OF TAXATION Applicant
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| AND: | PHILLIP GRIMALDI First Respondent
GARRY BONACCORSO Second Respondent
IFTC BROKING SERVICES LTD Third Respondent
MGG CAPITAL PTY LIMITED AS TRUSTEE FOR WEBTEL MANAGEMENT SUPER FUND Fourth Respondent
JAMES DARROCH WALLACE Fifth Respondent
JOSEPHINE MARY WALLACE Sixth Respondent
THOMAS GEORGE KLINGER Seventh Respondent
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| JUDGE: | GRAHAM J |
| DATE: | 27 NOVEMBER 2009 |
| PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 An application for a stay of execution of the orders of the Court made earlier today on the applicant’s Amended Notice of Motion filed 6 October 2009 in respect of the fourth respondent has been made ore tenus by counsel for the fourth respondent. It is unnecessary for me to summarise the reasoning set out in the judgment delivered earlier today in Commissioner of Taxation v Grimaldi (No. 9) [2009] FCA 1404 (‘Grimaldi No. 9’). It is sufficient to refer to the judgment of 13 July 2009 in Commissioner of Taxation v Grimaldi (No. 7) [2009] FCA 768 (‘Grimaldi (No. 7)’), in which the first and second respondents sought a stay of proceedings for recovery of moneys due under judgments against them which were given on 13 July 2009.
2 Those applications were dismissed. Reference was made to, amongst other things, the relevant factors which ought to be taken into consideration in circumstances such as the present which were enunciated by French J, as his Honour then was, and which are set out at [3] in Grimaldi (No. 7).
3 I have difficulty in seeing how there could be merit in an appeal by the fourth respondent from the judgment in Grimaldi (No. 9), sufficient to warrant a grant of leave to appeal, if one were to be sought.
4 In my opinion, nothing has been advanced by counsel for the fourth respondent to warrant the grant of a stay in the circumstances of this case
| I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Graham. |
Associate:
Dated: 3 December 2009
| Counsel for the Applicant: | D B McGovern SC and A J O'Brien |
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| Solicitor for the Applicant: | Australian Government Solicitor |
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| Counsel for the Fourth Respondent: | M J Watts |
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| Solicitor for the Fourth Respondent: | M J Woods & Co |
| Dates of Hearing: | 27 November 2009 |
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| Date of Judgment: | 27 November 2009 |
