Wanted World Wide (Australia) Limited v Commissioner of Taxation [2004] FCA 1063

FEDERAL COURT OF AUSTRALIA

Wanted World Wide (Australia) Limited v Commissioner of Taxation [2004] FCA 1063

CORPORATIONS – administration – liquidation – insolvent transactions – voidable transactions – unfair preferences – where plaintiffs sought orders that the Commissioner of Taxation repay monies said to be paid within six months of the relation back day – onus and burden of proof – whether requirement that Court be 'satisfied' that transactions were voidable prevented parties consenting to orders. PRACTICE AND PROCEDURE – precedent – comity – whether previous decision of single judge should be followed – whether previous decision 'clearly or plainly wrong'.

Corporations Act 2001 (Cth) ss 588FA, 588FC, 588FE, 588FGA, 588FGB, 588FF

Crosbie, in the matter of Trollope Silverwood and Beck Pty Ltd (In Liquidation) v Commissioner of Taxation [2003] FCA 922; (2003) 21 ACLC 1659 not followed Hobart v Medical Board of Victoria [1966] VR 292 distinguished Ex parte Merrett (1997) 140 FLR 412 distinguished Dean-Willcocks (as liquidator of SJP Formwork (NSW) Pty Ltd (in liquidation)) v Commissioner of Taxation (No 2) (2004) 49 ACSR 325 followed Marr v Australian Telecommunications Corporations (1991) 34 FCR 82 cited Bank of Western Australia Ltd v Commissioner of Taxation (1994) 55 FCR 233 cited Government Insurance Office (NSW) v Commissioner of Taxation (1992) 35 FCR 247 cited Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 cited NICHOLAS COOPER AND JOHN IRVING AS JOINT AND SEVERAL LIQUIDATORS OF WANTED WORLD WIDE (AUSTRALIA) LIMITED ACN 084 375 977 (IN LIQUIDATION) v COMMISSIONER OF TAXATION SAD 77 of 2004 LANDER J 19 AUGUST 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 77 OF 2004

BETWEEN: NICHOLAS COOPER AND JOHN IRVING AS JOINT AND SEVERAL LIQUIDATORS OF WANTED WORLD WIDE (AUSTRALIA) LIMITED ACN 084 375 977 (IN LIQUIDATION)