Travers as liquidator of Askernish Pty Ltd (in liq), in the matter of Askernish Pty Ltd (in liq) v Commissioner of Taxation [2006] FCA 1073

FEDERAL COURT OF AUSTRALIA

Travers as liquidator of Askernish Pty Ltd (in liq), in the matter of Askernish Pty Ltd (in liq) v Commissioner of Taxation [2006] FCA 1073

CORPORATIONS – undue preference – insolvency ‑ whether there was sufficient evidence of insolvency PRACTICE AND PROCEDURE – summary judgment

Corporations Act 2001 (Cth) ss 95A, 459E, 588FA, 588FC, 588FE, 588FE(2)(b), 588FF

Federal Court Rules O 20 r 1

Duncan v Commissioner of Taxation [2006] FCA 885 Southern Cross Interiors Pty Ltd v Deputy Commissioner of Taxation (2001) 53 NSWLR 213 Switz Pty Ltd v Glowbind (2000) 48 NSWLR 661 Evans & Tate Premium Wines Pty Ltd v Australian Beverage Distributors Pty Ltd [2005] NSWSC 186 IN THE MATTER OF ASKERNISH PTY LTD (IN LIQUIDATION) ACN: 008 806 773 ANTHONY MICHAEL TRAVERS AS LIQUIDATOR OF ASKERNISH PTY LTD (IN LIQ) and ASKERNISH PTY LTD (IN LIQ) ACN: 008 806 773 v COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA WAD 133 OF 2005 SIOPIS J 16 AUGUST 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIADISTRICT REGISTRY WAD 133 OF 2005

IN THE MATTER OF ASKERNISH PTY LTD (IN LIQUIDATION) ACN: 008 806 773

BETWEEN: ANTHONY MICHAEL TRAVERS as liquidator

of Askernish Pty Ltd (in Liq)

First Plaintiff

ASKERNISH PTY LTD (IN LIQ)

ACN: 008 806 773

Second Plaintiff

AND: COMMISSIONER OF TAXATION

FOR THE COMMONWEALTH OF AUSTRALIA

Defendant

JUDGE: SIOPIS J

DATE OF ORDER: 16 AUGUST 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The defendant pay to the second plaintiff the sum of $493 437.63. 2 The parties are to provide submissions within 7 days on the question of interest payable, if the parties are unable to agree. 3 The defendant is to pay the plaintiffs' costs of this motion and the costs of the application (including any reserved costs). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA