Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Binetter v Deputy Commissioner of Taxation [2011] FCA 184 Citation: Binetter v Deputy Commissioner of Taxation [2011] FCA 184
Appeal from: Application for leave to appeal: Deputy Commissioner of Taxation v Australian Securities & Investments Commission; in the matter of Civic Finance Pty Ltd (Deregistered) [2010] FCA 1411
Parties: GARY ROBERT BINETTER v DEPUTY COMMISSIONER OF TAXATION and AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION
File number: NSD 6 of 2011
Judge: PERRAM J
Date of judgment: 4 March 2011
Catchwords: CORPORATIONS – Winding up – appeal against orders for winding up – power of director to appeal orders for winding up – power of non-party to appeal orders for winding up – Corporations Act 2001 s 471A PRACTICE AND PROCEDURE – judgments and orders – application for leave to appeal – application by non-party – unsuccessful party not appealing – standing – person aggrieved – sufficiently interested – appeal against orders for winding up – whether risk of liquidator investigation sufficient interest
Legislation: Corporations Act 2001 (Cth) s 471A, s 601AH(2) Federal Court of Australia Act 1976 (Cth) s 24 Federal Court (Corporations) Rules 2000 r 2.13 Federal Court Rules O 6 r 8
Cases cited: Aetna Properties Ltd (in liq) v GA Listing and Maintenance Pty Ltd (1994) 13 ACSR 422 cited Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2002) 125 FCR 529 cited Commonwealth v Construction, Forestry, Mining and Energy Union (2000) 98 FCR 31 cited Cuthbertson v Mayor, Alderman and Citizens of the City of Hobart (1921) 30 CLR 16 cited Deputy Commissioner of Taxation v Australian Securities & Investments Commission; in the matter of Civic Finance Pty Ltd (Deregistered) [2010] FCA 1411 cited Deputy Commissioner of Taxation v Soiland Pty Ltd (in liq) [2010] FCA 168 cited Dooney v Henry (2000) 174 ALR 41 questioned HVAC Construction (Qld) Pty Ltd v Energy Equipment Engineering Pty Ltd (2002) 44 ACSR 169 cited Lightburn Pty Ltd v Kama Power Products Pty Ltd [2003] SASC 43 cited Re; Menzies Haulage Pty Ltd [2009] FCA 1300 cited Sen v The Queen (1991) 30 FCR 173 cited Shields v Official Receiver in Bankruptcy (1996) 66 FCR 171 cited Witness v Marsden (2000) 49 NSWLR 429 applied Workers Compensation Nominal Insurer v Detailed Flooring Pty Ltd (2010) 80 ACSR 1 cited
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