Taylor v Rudaks [2007] FCA 1962

FEDERAL COURT OF AUSTRALIA

Taylor v Rudaks [2007] FCA 1962

BANKRUPTCY – proof of debt – whether claim of liquidator of company under s 588M of the Corporations Act 2001 (Cth) against directors for insolvent trading admissible to proof in bankruptcy of directors under s 82(1) Bankruptcy Act 1966 (Cth) – whether liquidator's claim unliquidated arising otherwise than by reason of breach of contract, promise or breach of trust so as to be excluded from proof under s 82(2) – nature of liquidator's claim where based on "loss and damage" suffered by creditors of company – review of decision of trustee in bankruptcy to reject proofs of debt BANKRUPTCY – claims made against joint estate of two bankrupts and against separate estates – whether double proof permitted – avoidance of "double dipping" BANKRUPTCY – where claim of Australian Taxation Office against directors of company for penalty taxation proved in bankrupt estate – nature of claim – where claim of liquidator of company under s 588M Corporations Act 2001 (Cth) also sought to be proved in bankrupt estate – where claim of liquidator included debt of company to Australian Taxation Office in respect of which penalty assessment issued against directors – whether both claims admissible to proof – avoidance of "double dipping" CORPORATIONS – whether claim of liquidator under s 588M of Corporations Act 2001 (Cth) for loss and damage suffered by creditors against directors provable in bankruptcy of directors – liability of directors of insolvent company for insolvent trading under s 588G Corporations Act 2001 (Cth) Bankruptcy Act 1966 (Cth) Companies Act 1981 (Cth) Corporations Act 1989 (Cth) Income Tax (Assessment) Act 1936 (Cth) Corporate Law Reform Act 1992 (Cth) Corporate Law Reform Bill 1992 (Cth) Official Trustee in Bankruptcy v CS & GJ Handby Pty Ltd (1989) 21 FCR 19 considered Vale v TMH Haulage Pty Ltd (1993) 31 NSWLR 702 cited CCA Systems Pty Ltd v Communications & Peripherals (Australia) Pty Ltd (1989) 15 ACLR cited Re Wakim; Ex parte McNally (1999) 198 CLR 511 cited Bond v R (2000) 169 ALR 607 cited R v Hughes (2000) 171 ALR 155 cited Kinsela v Russell Kinsela Pty Ltd (in liq) (1986) 4 NSWLR 722 discussed Cornelius v Barewa Oil & Mining (NL) (In liq) (1982) 42 ALR 83 cited Coventry v Charter Pacific Corp Ltd (2005) 227 CLR 234 cited Re Hide; Ex parte Llynvi Coal and Iron Co (1871) 7 Ch App 28 cited Fryer v Powell (2001) 159 FLR 433 considered Hawkins v Bank of China (1992) 26 NSWLR 562 cited Tourprint International Pty Ltd (in liq) v Bott (1999) 32 ACSR 201 considered Australian Securities and Investments Commission v Plymin (No 1) (2003) 175 FLR 124 considered Buzzle Operations Pty Ltd (in liq) v Apple Computer Australia Pty Ltd [2007] NSWSC 930 discussed Commonwealth Bank of Australia v Paola [2005] FCA 855 considered Manpac Industries Pty Ltd v Ceccattini (2002) 20 ACLC 1304 Macks (trustee of the estate of Weber), Re Weber (bankrupt) (2006) 233 ALR 50 discussed Re Master Painters Association of Victoria Ltd (subject to deed of company arrangement) (2004) 211 ALR 316 discussed Deputy Commissioner of Taxation v Woodhams (2000) 199 CLR 370 cited Forsyth v Deputy Federal Commissioner of Taxation [2007] HCA 8 cited AUSTIN ROBERT MEERTEN TAYLOR AND DPS TECHNOLOGY PTY LTD (IN LIQUIDATION) v MARIS ANDRIS RUDAKS SAD 27 OF 2007