Crosbie v Commissioner of Taxation [2003] FCA 922

FEDERAL COURT OF AUSTRALIA

Crosbie v Commissioner of Taxation [2003] FCA 922 CORPORATIONS – voidable transaction – judgment sought against Commissioner of Taxation – indemnity by directors – court to be "satisfied" that transaction is voidable – whether satisfaction achieved by consent judgment PRACTICE AND PROCEDURE – third parties – leave to defend plaintiff's action

Corporations Act 2001 (Cth) ss 588FE, 588FF, 588FGA Federal Court Rules O 5 r 12(2)(c)

Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485 applied Barclays Bank v Tom [1923] 1 KB 221 cited Barker & Taylor Pty Ltd v Cablemakers (ACT) Pty Ltd [1982] 1 NSWLR 719 cited Barton v London and North Western Railway Co (1888) 38 ChD 144 cited Bradvica v Radulovic [1975] VR 434 cited Cadima Express v Deputy Commissioner of Taxation (1999) 33 ACSR 527 not followed Cojuanco v Routley [1983] 1 NSWLR 723 cited Eden v Weardale Iron and Coal Company (1887) 34 ChD 223 cited Helicopter Sales (Australia) Pty Ltd v Rotar-Work Pty Ltd (1974) 132 CLR 1 cited Hobart v Medical Board of Victoria [1966] VR 292 discussed Merrett; Ex parte (1997) 140 FLR 412 discussed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369 referred to Salmon; Priest v Uppleby; In Re (1889) 42 ChD 351 cited S J P Formwork (Aust) Pty Ltd (in liq) v Deputy Commissioner of Taxation (2000) 34 ACSR 604 not followed

IN THE MATTER OF TROLLOPE SILVERWOOD AND BECK PTY LTD (IN LIQUIDATION)

CRAIG DAVID CROSBIE AND IAN MENZIES CARSON (IN THEIR CAPACITY AS JOINT LIQUIDATORS OF TROLLOPE SILVERWOOD AND BECK PTY LTD (IN LIQUIDATION) and TROLLOPE SILVERWOOD AND BECK PTY LTD (IN LIQUIDATION) v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

V 3059 of 2003