MNWA Pty Ltd v Deputy Commissioner of Taxation [2016] FCAFC 154

FEDERAL COURT OF AUSTRALIA

MNWA Pty Ltd v Deputy Commissioner of Taxation [2016] FCAFC 154 Appeal from: Application for leave to appeal: MNWA Pty Ltd v Deputy Commissioner of Taxation (No 2) [2015] FCA 1128; 109 ACSR 265

File numbers: NSD 1286 of 2015 NSD 1287 of 2015

Judge: RARES, FARRELL AND DAVIES JJ

Date of judgment: 16 November 2016

Catchwords: PRACTICE AND PROCEDURE – appeal from orders dismissing applications to set aside statutory demands pursuant to s 459J(1)(b) of the Corporations Act 2001 (Cth) – whether leave to appeal required CORPORATIONS – application to set aside statutory demand under s 459G of the Corporations Act 2001 (Cth) – where statutory demand for payment of taxation liabilities under s 459E(5) – whether sufficient to show the issuing of the statutory demands was unconscientious, an abuse of process or contrary to statements and representations – whether amounts due and payable – whether sufficient to show that there was a genuine dispute about promise not to pursue recovery of the amounts – whether failure to deal with critical evidence as to reliability and credibility of witnesses

Legislation: A New Tax System (Goods and Services Tax) Act 1999 (Cth) Corporations Act 2001 (Cth) ss 459C, 459E, 459G, 459H, 459J, 459P, 459S Federal Court of Australia Act 1976 (Cth) s 24 Income Tax Assessment Act 1936 (Cth) s 177 Income Tax Assessment Act 1997 (Cth) Supreme Court Act 1970 (NSW) Supreme Court Act 1986 (Vic) s 17A Taxation Administration Act 1953 (Cth) ss 14ZZM, 14ZZR, 225-105, 255-5 Sch 1