Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Binetter v Commissioner of Taxation [2011] FCA 1195 Citation: Binetter v Commissioner of Taxation [2011] FCA 1195
Parties: GARY ROBERT BINETTER v COMMISSIONER OF TAXATION and MAX DONNELLY
File number: NSD 301 of 2011
Judge: STONE J
Date of judgment: 21 October 2011
Catchwords: CORPORATIONS – winding up – application for approval for director of companies in liquidation to bring proceedings in name of companies – whether companies were necessary parties to any winding up order made in relation to them – whether winding up order can take effect at the same time as order for reinstatement of deregistered company – principles relevant to exercise of discretion to grant approval under s 471A(1A)(d).
Legislation: Acts Interpretation Act 1901 (Cth) s 13(3) Company Law Review Act 1998 (Cth) s 373 Corporations Act 2001 (Cth) ss 471A(1), 471A(1A)(d), 574, 601AH Federal Court of Australia Act 1976 (Cth) ss 23, 25(6)
Cases cited: Binetter v Deputy Commissioner of Taxation (No 2) [2011] FCA 207 Binetter v Deputy Commissioner of Taxation [2011] FCA 184 Brownlie v TTPM Pty Ltd (2003) 21 ACLC 1,204 CTG Pty Ltd v Yamamori (Hong Kong) Pty Ltd (1992) 10 ACSR 534 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Deputy Commissioner of Taxation v Australian Securities and Investments Commission [2010] FCA 1411 Deputy Commissioner of Taxation v Australian Securities and Investments Commission [2011] FCA 219 Donmastry Pty Ltd v Albarran (2004) 49 ACSR 745 In re Pinto Silver Mining Company (1878) 8 Ch D 273 at 283 HVAC Constructions (Qld) Pty Ltd v Energy Equipment Engineering Pty Ltd (2002) 44 ACSR 169 JP Morgan Portfolio Services Ltd v Deloitte Touche Tohmatsu [2008] 167 FCR 212 Lane Cove Council v Geebung Polo Club Pty Ltd (No 2) (2002) 41 ACSR 15 Maritime Services Board of New South Wales v Australian Chamber of Shipping [1977] 1 NSWLR 648 Melluish v Underwood Development Pty Ltd [2004] NSWSC 429 Ramantanis v G & M Excavations (2004) 22 ACLC 22 Rodgers v CJS Panels Pty Ltd [2001] VSC 470 Sharp v Deputy Commissioner of Taxation (Cth) (1988) 88 ATC 4,184 Date of hearing: 16 and 17 March 2011
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