Deputy Commissioner of Taxation v Blaikie [2006] FCA 1695

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Blaikie [2006] FCA 1695

TAXATION – Income Tax Assessment Act 1936 (Cth) – s 222ALA Payment Agreement between company and Deputy Commissioner of Taxation – default in making payment – whether director liable to pay penalty of total amount outstanding – whether director had reasonable grounds to expect company would comply with its obligations under the Agreement – Held: director did not have reasonable grounds to expect the company would comply with the Agreement – penalty in total amount outstanding payable by director BANKRUPTCY – Bankruptcy Act 1966 (Cth) – personal insolvency agreement under Part X – Deputy Commissioner of Taxation ruled ineligible to vote – whether personal insolvency agreement should be set aside and a sequestration order made – Held: personal insolvency agreement should be set aside Bankruptcy Act 1966 (Cth) Part X, ss 5, 188, 188A, 189, 196, 204, 222 Bankruptcy Legislation Amendment Act 2004 (Cth) Income Tax Assessment Act 1936 (Cth) ss 222ALA, 222AQA(2), 222AQD Taxation Administration Act 1953 (Cth) s 8

Deputy Commissioner of Taxation v Salcedo [2005] 2 Qd R 232 cited Deputy Commissioner of Taxation v Saunig (2002) 55 NSWLR 722 cited DEPUTY COMMISSIONER OF TAXATION v WALTER WILLIAM DENNIS BLAIKIE AND GEOFFREY DAVID MCDONALD AS CONTROLLING TRUSTEE OF PROPERTY OF WALTER WILLIAM DENNIS BLAIKIE NSD 865 OF 2006

BRANSON J

7 DecemBER 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 865 OF 2006

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: WALTER WILLIAM DENNIS BLAIKIE

First Respondent

GEOFFREY DAVID MCDONALD AS CONTROLLING TRUSTEE OF PROPERTY OF WALTER WILLIAM DENNIS BLAIKIE

Second Respondent

JUDGE: BRANSON J DATE OF ORDER: 7 DECEMBER 2006