Brown v Brown [2007] FCA 2073

FEDERAL COURT OF AUSTRALIA

Brown v Brown [2007] FCA 2073 TAXES AND DUTIES – Income tax and related legislation – Collection and recovery of tax – Collection of tax due and payable by a tax debtor from a third party – Effect of a third-party tax notice issued pursuant to s 260-5 of Sched 1 to the Taxation Administration Act 1953 (Cth) – Whether a third party holds money for or on account of a tax debtor CORPORATIONS – Effect of winding up order on prior statutory charge such as third-party tax notice – Surrender of security interest – Doctrine of election – Whether lodgement of a proof of debt which does not refer to any security interest constitutes unequivocal conduct evincing election to surrender security interest EVIDENCE – Whether court may draw inferences from statement of agreed facts Corporations Act 2001 (Cth)ss 468, 477, 554E Evidence Act 1995 (Cth)s 191 Income Tax Assessment Act 1936 (Cth)s 218 Taxation Administration Act 1953 (Cth) ss 8AAZH, 260-5 and 260-15 of Sched 1 Corporations Regulations 2001 (Cth) s 5.6.49(2) Australian Competition and Consumer Commission v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617cited Brown v Brown & Ors [2007] FMCAfam 793cited Champtaloup v Thomas [1976] 2 NSWLR 264 cited Clyne v Deputy Commissioner of Taxation (1981) 150 CLR 1cited Commissioner of Taxation v Donnelly (1989) 25 FCR 432cited Commissioner of Taxation v Macquarie Health Corp (1998) 88 FCR 451followed Deputy Commissioner of Taxation v Westpac Savings Bank Ltd (1987) 87 FLR 130 distinguished Elsinora Global Ltd v Healthscope Ltd (No. 2) (2006) 61 ATR 482discussed Foley v Hill (1848) 9 ER 1002 cited Goodger v Ayre (1988) 88 FLR 188cited Goodin v Commissioner of Taxation (2002) 169 FLR 282cited Macquarie Health Corp Ltd v Commissioner of Taxation (1999) 96 FCR 238cited Moor v Anglo-Italian Bank (1879) 10 Ch D 681discussed Re International Tyre Co Pty Ltd (in liquidation) (1979) 4 ACLR 553 distinguished Sargent v ASL Developments Ltd (1974) 131 CLR 634cited Surfers Paradise Investments Pty Ltd (in liquidation) v Davoren Nominees Pty Ltd [2004] 1 Qd R 567applied TREVOR JOHN BROWN v ANNE-MAREE BROWN, LAWRENCE MCALLION, A CHAID PTY LTD AND DEPUTY COMMISSIONER OF TAXATION VID 924 OF 2007