Deputy Commissioner of Taxation v Dianne Margaret McKenzie [2012] QDC 175

QDC [2012] 175 DISTRICT COURT CIVIL JURISDICTION JUDGE CLARE SC No 540 of 2010 DEPUTY COMMISSIONER OF TAXATION Plaintiff and DIANNE MARGARET MCKENZIE Defendant BRISBANE ..DATE 23/03/2012 JUDGMENT -- 1 of 3 -- 2 JUDGMENT 1 10 20 30 40 50 60 HER HONOUR: Yes. The Deputy Commissioner seeks judgment pursuant to admissions made by Ms McKenzie in accordance with rule 190 of the Uniform Civil Procedure Rules, or alternatively, default judgment in accordance with rule 292. On the 15th of February 2010 the plaintiff commenced proceedings against Ms McKenzie. In the course of pleadings the amount claimed in back taxes was $122,276.87. The calculation of the outstanding tax liability is proved by the affidavit dated of Yasoda Kuhan. No substantive defence has been pleaded. On the 15th of April 2011 Ms McKenzie, through her solicitor, admitted the debt and offered security proposing repayment upon the sale of her assets. This application was adjourned from February to allow Ms McKenzie time to obtain finance. Four days ago her solicitor wrote to the plaintiff advising that the efforts to obtain finance were unsuccessful, and that Ms McKenzie did not oppose judgment. To date only $3,000 has been repaid. I am satisfied that the amount of moneys outstanding to the Tax Office is $119,276.87. I am satisfied that Ms McKenzie admitted liability for that. I am satisfied that Ms McKenzie has no prospects of defending the amended claim. There is no need for a trial. I accept the evidence of costs and interest set out in the certificate. -- 2 of 3 -- 3 JUDGMENT 1 10 20 30 40 50 60 Judgment is entered against the defendant in favour of the plaintiff in terms of the order, initialled by me and placed with the papers. ----- -- 3 of 3 --