Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Barblance Pty Ltd [2010] FCA 1121
Citation: Deputy Commissioner of Taxation v Barblance Pty Ltd [2010] FCA 1121
Parties: DEPUTY COMMISSIONER OF TAXATION and COLES GROUP PROPERTY DEVELOPMENTS LTD ACN 004 428 326 v BARBLANCE PTY LTD ACN 101 828 924
File number: QUD 264 of 2010
Judge: LOGAN J
Date of judgment: 17 September 2010
Catchwords: BANKRUPTCY AND INSOLVENCY – Application to wind up a company in insolvency – Where company has failed to comply with a statutory demand – Where expert evidence of solvency provided – Whether expert evidence rebutted the presumption of insolvency
Held: Evidence sufficient to rebut presumption of insolvency – Application dismissed
Legislation: Corporations Act 2001 (Cth) ss 95A, 459P Income Tax Assessment Act 1997 (Cth) Taxation Administration Act 1953 (Cth)
Cases cited: Ace Contactors and Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 cited Australian Securities and Investment Commission v Plymin (No 1) (2003) 175 FLR 124 applied Quick v Stoland Pty Ltd (1998) 87 FCR 371 cited Truefor Service Pty ltd v Jenkins (No 2) (2006) 232 ALR 532 cited
Date of hearing: 17 September 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate