Deputy Commissioner of Taxation v Jacond Holdings Pty Ltd [2011] FCA 1442

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Jacond Holdings Pty Ltd [2011] FCA 1442 Citation: Deputy Commissioner of Taxation v Jacond Holdings Pty Ltd [2011] FCA 1442

Parties: DEPUTY COMMISSIONER OF TAXATION v JACOND HOLDINGS PTY LTD (ACN 003 981 511)

File number: QUD 345 of 2011

Judge: COLLIER J

Date of judgment: 15 December 2011

Catchwords: CORPORATIONS – insolvency – application for winding up pursuant to section 459P Corporations Act 2001 (Cth) – whether issues raised in the defendant's grounds of opposition relevant – application for leave under section 459J(1)(b) and 459S Corporations Act – whether Court should refuse winding up order pursuant to section 459A – whether defendant solvent – Running Balance Account deficit debt under BAS provisions as defined in Income Tax Assessment Act 1997 (Cth) – without prejudice offer by defendant to pay debt within 14 days – evidentiary issues relevant to taxation debts

Legislation: Corporations Act 2001 (Cth) ss 95A, 459 Income Tax Assessment Act 1936 (Cth) s 177 Taxation Administration Act 1953 (Cth) ss 45-15, 45-50, 45-110(2), 45-320 in Pt 2.10 in Sch 1, ss 8AAZC, 8AAZI, 8AAZJ, s 14ZZM, Pt IVC

Cases cited: Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 cited Deputy Commissioner of Taxation v BK Ganter Holdings Pty Ltd (2008) 172 FCR 385 cited Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd [2008] HCA 41 cited Deputy Commissioner of Taxation v Visidet Pty Ltd [2005] FCA 830 cited Kalis Nominees Pty Ltd v DCT (1995) 31 ATR 188 cited