Deputy Commissioner of Taxation v Catanese [1999] FCA 564

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Catanese [1999] FCA 564 BANKRUPTCY – Bankruptcy Notice – whether arrangement made to creditor's satisfaction for settlement of judgment debt

Bankruptcy Act 1966, s 41, s 43 Bankruptcy Regulations, reg 4.02

Re Deane; Ex parte Van Reesema (1961) 20 ABC 259 referred Newton v Federal Commission of Taxation (1958) 98 CLR 1 referred Commissioner of Taxation v Lutovi Investments Pty Ltd (1978) 140 CLR 434 discussed News Limited v Australian Rugby Football League Limited (1996) 58 FCR 447 referred Hutchins v Commissioner of Taxation (1987) 14 FCR 510 distinguished DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v ELIZABETH CATANESE VG 7743 of 1998

KENNY J MELBOURNE 4 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7743 OF 1998

BETWEEN: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Applicant

AND: ELIZABETH CATANESE

Respondent

JUDGE: KENNY J

DATE OF ORDER: 4 MAY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: (1) Leave is granted to amend the Notice of Intention to Oppose Creditor's Petition dated 23 February 1999 by deleting paragraphs 1, 2 and 3 and adding "within 21 days of the service of the bankruptcy notice, the debtor made an arrangement to the creditor's satisfaction for the settlement of the debt." (2) A sequestration order be made against the estate of Elizabeth I Catanese. (3) The applicant's costs of and incidental to the petition, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth). Note: The date of act of bankruptcy is 27 July 1998. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA