Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Soiland Pty Ltd (in liq) (No 2) [2010] FCA 1453 Citation: Deputy Commissioner of Taxation v Soiland Pty Ltd (in liq) (No 2) [2010] FCA 1453
Parties: DEPUTY COMMISSIONER OF TAXATION v SOILAND PTY LTD (IN LIQUIDATION)
File number: WAD 213 of 2009
Judge: BARKER J
Date of judgment: 22 December 2010
Catchwords: CORPORATIONS – insolvency – winding up – application for review of a District Registrar's decision to wind up the defendant company – whether the plaintiff is a creditor of the defendant – whether the defendant has rebutted the presumption of insolvency – whether, in all the circumstances, the Court should exercise its discretion not to wind up the defendant
Legislation: Corporations Act 2001 (Cth) s 95A, s 459A, s 459C(2)(a), s 459C(3)
Cases cited: Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Avram Investments Pty Ltd v Deputy Commissioner of Taxation (Vic) (1992) 9 ACSR 580 IOC Australia Pty Ltd v Mobil Oil Australia Ltd (1975) 11 ALR 417 Laucke Flour Mills (Stockwell) Pty Ltd v Fresjac Pty Ltd (1992) 8 ACSR 59 Mercantile Credits Ltd v Foster Clark (Australia) Ltd [1964] HCA 66; (1964) 112 CLR 169 Re Huon Foam Pty Ltd [2000] TASSC 99 Re New World Alliance Pty Ltd (1994) 51 FCR 425 Southern Cross Interiors Pty Ltd (in liq) v Deputy Commissioner of Taxation [2001] NSWSC 621; (2001) 53 NSWLR 213 Trinick v EM and RM Williams and Sons [2009] WASC 297 Turco and Co Pty Ltd v Pendella Holdings Pty Ltd [2010] FCA 213
Date of hearing: 30, 31 August 2010 and 1 September 2010
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