Re Scobie, R.K. & Anor v Ex parte Deputy Commissioner of Taxation [1995] FCA 620

CATCHWORDS TAXATION - Failure to remit income tax instalment deductions and deductions for prescribed payment under ss.221F(5)(a) and 221YHDC(2) of the Income Tax Assessment Act 1936 (Cth) ("ITAA") - whether filing of application for winding up and appointment of provisional liquidators constituted compliance within s.222AOB(2)(d) of the ITAA - whether penalty thereby remitted by operation of s.222AOG - examination of purpose and construction of statutory scheme introduced by Insolvency (Tax Priorities) Legislation Amendment Act 1993 - whether penalty imposed by operation of s.222AOC presently owing as a liquidated amount. CORPORATIONS LAW - Whether company "begins to be wound up" for the purposes of Corporations Law upon filing of application for winding up and appointment of provisional liquidators - winding up begins upon making of a court order for winding up - statutory defence in s.222AOJ of the ITAA not illusory - whether applicant a creditor entitled to vote at meeting of creditors - validity of deed of arrangement pursuant to special resolution of meeting of creditors. BANKRUPTCY - Whether sequestration orders ought to be made - creditors received contribution from income that would not have received if sequestration orders had been made. WORDS AND PHRASES - "begin to be wound up" Income Tax Assessment Act 1936 (Cth) Division 9 Part VI, ss. 221R, 221YHN, 221YHZJ, 221YR Insolvency (Tax Priorities) Legislation Amendment Act 1993 s.16 Corporations Law ss.435A, 435C, 436A, 438A, 439A, 439C, 446A, 462, 513A, 514 Bankruptcy Act 1966 (Cth) Federal Court Rules O.71 rr. 36(8), 36(9), 104 Fleet Motor & General Insurance Co. (Aust.) Pty. Ltd. v. Tickle [1984] 1 NSWLR 210 - Foll. Re Crust 'N Crumb Bakers (Wholesale) Pty. Ltd. [1992] Qd.R. 76 - Foll. Re Rothwells Ltd. [1990] 2 Qd.R. 181 - Appl. Bakewell v. Deputy Federal Commissioner of Taxation (SA) (1937) 58 CLR 743 - Appl. Community Development Pty. Ltd. v. Engwinda Construction Co. (1969) 120 CLR 455 - Appl. Re McLean (1992) 108 ALR 360 - Appl. Re Dingle; Westpac Banking Corporation v. Worrell (1993) 47 FCR 478 - Appl. Dikwa Holdings Pty. Ltd. v. Oakbury Pty. Ltd. (1992) 10 ACLC 925 - Refd. Re Raymond Kenneth Scobie and Patricia Ellen Scobie; Ex parte Deputy Commissioner of Taxation QX59 of 1994 Cooper J., Brisbane, 15 August 1995