Cooper as Official Liquidator of Line 1 Pty Ltd (In Liq) (ACN 094 650 361) v Commissioner of Taxation [2007] FCA 1626

FEDERAL COURT OF AUSTRALIA

Cooper as Official Liquidator of Line 1 Pty Ltd (In Liq) (ACN 094 650 361) v Commissioner of Taxation [2007] FCA 1626

NICHOLAS DAVID COOPER AS OFFICIAL LIQUIDATOR OF LINE 1 PTY LTD (IN LIQUIDATION) (ACN 094 650 361) v COMMISSIONER OF TAXATION No SAD 6 of 2007

FINN J

24 OCTOBER 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

South Australia DISTRICT REGISTRY SAD 6 OF 2007

BETWEEN: NICHOLAS DAVID COOPER AS OFFICIAL LIQUIDATOR OF LINE 1 PTY LTD (IN LIQUIDATION) (ACN 094 650 361)

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: FINN J

DATE: 24 October 2007

PLACE: Adelaide

REASONS FOR JUDGMENT 1 The parties in this matter have, by consent, sought that I make certain declarations and orders in respect of what were claimed to be voidable transactions within the meaning of s 588FE of the Corporations Act 2001 (Cth) these transactions being, variously, uncommercial transaction payments and unfair preference payments made by Line 1 Pty Ltd to the respondent between 8 January 2005 and 15 June 2005. An agreed statement of facts with accompanying annexures and exhibits were filed in support of the proposed orders. 2 I am satisfied having regard to those materials, and in particular to the Official Liquidator's report on the insolvency of Line 1, that the company was insolvent from 1 January 2005 until the company was wound up in January 2006. I equally am satisfied that the various payments made by Line 1 to the respondent had the characteristics attributed to them in the consent orders. 3 Accordingly I will make the orders sought which are in the attached consent minutes of orders. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn.