The Federal Court has dismissed 4 taxpayers’ applications for leave to appeal from the 21 December 2012 decision of Perram J in DCT v Hua Wang Bank Berhad (No 4) [2012] FCA 1482.
In that decision, the taxpayers were unsuccessful in their applications for the GIC component of an earlier summary judgment against them to be dismissed. That earlier decision was a 2010 decision of the Federal Court in DCT v Hua Wang Bank Berhad (No 2) [2010] FCA 1296 which granted summary judgment for some $39m against the taxpayers, including penalties and GIC of over $2m.
In the December 2012 decision, the Court entered judgment against each taxpayer for unpaid GIC in the following amounts:
- $2.5m was entered against Hua Wang Bank Berhad;
- $4.1m was entered against Derrin Brothers Properties Limited [Note next case];
- $5.6m was entered against Bywater Investments Limited; and
- id=”mce_marker”64,263.28 was entered against Southgate Investment Funds Limited.
The taxpayers sought leave to appeal the No 4 decision on the basis that the Deputy Commissioner’s applications for summary judgment were “blocked” (ie barred) by res judicata, Anshun estoppel or the abuse of process doctrine.
The Federal Court held that each ground of appeal had “no prospects of success” and dismissed the applications for leave to appeal.
(Hua Wang Bank Berhad & Ors v DCT [2013] FCA 532, Federal Court, Cowdroy J, 31 May 2013.)
[LTN 105, 3/6/13]