Commissioner of Taxation and The Commonwealth of Australia v. All Suburbs Car Repairs P/L & Anor [1994] FCA 730

JUDGMENT NO. ou 23 veel oo ties

CATCHWORDS

CORPORATIONS - deed of company arrangement - whether inconsistent with s.221P ot the Income Tax Assessment Act 1936 - whether the deed comphed with s.444A(4)

ot the Corporations Law - whether the deed should be terminated.

INCOME TAX - deductions by a group employer - operation of s.221P of the Income

Tax Assessment Act 1936.

Corporations Law - 3s.444A(4), 435A, 556 Income Tax Assessment Act 1936 (Cth) - s.221P

Re Bnan Cassidy Electrical Industries Pty Limited (1984) 9 ACLR 140

Commussioner of Taxation v B & G Plant Hire Pty Limited (unreported, 12 August 1994, Gummow J)

COMMISSIONE QE TAXATION ND__TH OMMONWEALTH __ OF AUSTRALIA v ALL SUBURBS CAR REPAIRS PTY LIMITED

and BRIAN RAYMOND SILVIA No. G 3176 of 1994

Davies J Sydney 11 October 1994

RECEiv' 14 OCT 1994

FEDERAL COURT AUSTRALIA. PRINCIPAL 4 EGISTRY "

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No G 3176 ot 1994 ) )

GENERAL DIVISION

BETWEEN: COMMISSIONER _OF_ TAXATION OF THE COMMONWEALTH OF AUSTRALIA Applicant AND: ALL SUBURBS CAR REPAIRS PTY LIMITED First Respondent

BRIAN RAYMOND SILVIA

Second Respondent

Coram: Davies J. Date: 11 October 1994 Place. Sydney

MINUTES OF ORDER

THE COURT ORDERS THAT:-

1, The Deed of Company Arrangement dated 28 February 1994 entered ito by the first respondent, All Suburbs Car Repairs Pty Ltd, be terminated

w

The applicant's costs be paid by the respondents out of the assets ot the first respondent.

NOTE: Settlement and entry of orders 15 dealt with in Order 36 ot the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No G 3176 of 1994 ) GENERAL DIVISION ) BETWEEN: COMMISSIONER OF _T. TION QF THE COMMONWEALTH OF AUSTRALIA Applicant AND: ALL_ SUBURBS CAR REPAIRS

PTY LIMITED

First Respondent

BRIAN RAYMOND SILVIA