Young v Commissioner of Taxation [2006] FCA 90

FEDERAL COURT OF AUSTRALIA

Young v Commissioner of Taxation [2006] FCA 90

PRACTICE AND PROCEDURE – adjournment application – need for insolvency to be established on evidence – whether admissions can be acted on – whether amendments to pleadings should be permitted Corporations Act 2001 (Cth) s 558 Cadima Express v Deputy Commissioner of Taxation (1999) 33 ACSR 527 referred to Crosbie, in the matter of Trollope Silverwood & Beck Pty Ltd (In Liquidation) v Commissioner of Taxation [2003] FCA 922 not followed Dean-Willcocks v Commissioner of Taxation (No 2) [2004] NSWSC 286 cited Hall and another (as liquidators of Reynolds Wines Ltd) v Commissioner of Taxation [2004] NSWSC 985 cited Howarth v Adey [1996]2 VR 535 distinguished State of Queensland & Anor v JL Holdings Pty Ltd (1997) 189 CLR 146 distinguished S J P Formwork (Aust) Pty Ltd (in liq) v Deputy Commissioner of Taxation (2000) 34 ACSR 604 referred to Wanted World Wide (Australia) Limited v Commissioner of Taxation [2004] FCA 1063 approved

DAVID GREGORY YOUNG IN HIS CAPACITY AS LIQUIDATOR OF TRANSAUSTRALIAN AIR PTY LIMITED (IN LIQUIDATION) v COMMISSIONER OF TAXATION N1255 of 2004 TAMBERLIN J SYDNEY 15 FEBRUARY 2006

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1255 OF 2004

BETWEEN: DAVID GREGORY YOUNG IN HIS CAPACITY AS LIQUIDATOR OF TRANSAUSTRALIAN AIR PTY LIMITED (IN LIQUIDATION)

PLAINTIFF

AND: COMMISSIONER OF TAXATION

DEFENDANT

DON EVANS

THIRD CROSS RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 15 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application dated 5 January 2006 and filed in court on 6 February 2006 is granted. 2. The proceeding between the plaintiff and the defendant is dismissed and there is no order as to costs as to this part of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.