Deputy Commissioner of Taxation for the Commonwealth of Australia and Commonwealth of Australia v Bourke, Kathleen Ellen and Williams, Roberta [2018] VSC 380

PRACTICE AND PROCEDURE
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Cameron J
Parties: 

Deputy Commissioner of Taxation for the Commonwealth of Australia and Commonwealth of Australia v Bourke, Kathleen Ellen and Williams, Roberta

Judgment Date: 
11 July 2018
Catchwords: 

PRACTICE AND PROCEDURE - Appeal against summary judgment for possession and sale of land by a mortgagee - Defendants executors of estate of deceased person - Whether refusal of oral application for adjournment contrary to natural justice and procedural fairness - Whether a fair hearing given in accordance with Charter of Human Rights and Responsibilities Act 2006 (Vic) s 24 - Whether finding that no reasonable prospect of success was error of law and fact - Whether trial should be ordered at Court's discretion, despite prospects, in interest of justice - Whether matter in public interest - No ground of appeal made out - Khouri v Khoury [2018] VSC 305 considered - Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392 considered - Civil Procedure Act 2010 (Vic) ss 63, 64 considered.

Citation: 
[2018] VSC 380