Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kassem and Secatore v Commissioner of Taxation [2012] FCA 152 Citation: Kassem and Secatore v Commissioner of Taxation [2012] FCA 152
Parties: OZEM KASSEM AND BRUNO SECATORE (IN THEIR CAPACITIES AS LIQUIDATORS OF 081 741 531 PTY LTD) (IN LIQUIDATION) ACN 081 741 531 (FORMERLY MORTLAKE HIRE PTY LIMITED) and 081 741 531 PTY LTD (IN LIQUIDATION) ACN 081 741 531 v COMMISSIONER OF TAXATION OZEM AZZAM KASSEM (IN HIS CAPACITY AS JOINT AND SEVERAL LIQUIDATOR OF 081 741 531 PTY LIMITED (IN LIQUIDATION)) and BRUNO ANTHONY ROBERT SECATORE (IN HIS CAPACITY AS JOINT AND SEVERAL LIQUIDATOR OF 081 741 531 PTY LIMITED (IN LIQUIDATION)) and 081 741 531 PTY LIMITED (IN LIQUIDATION) ACN 081 741 531 v WORKERS COMPENSATION NOMINAL INSURER BY ITS SCHEME AGENT ALLIANZ AUSTRALIA WORKERS' COMPENSATION (NSW) LIMITED (ABN 17 003 087 545)
File number(s): NSD 1085 of 2010 NSD 1099 of 2010
Judge: NICHOLAS J
Date of judgment: 29 February 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – unfair preferences – whether payments made by a related company were payments made by or on behalf of company in liquidation – whether company in liquidation was party to each transaction for the purposes of s 588FA of the Corporations Act 2001 (Cth) – unfair preferences – whether creditors received unfair preferences for the purposes of the Corporations Act 2001 (Cth) s 588FA
Legislation: Corporations Act 2001 (Cth) ss 9, 555, 556, 588FA Superannuation Guarantee (Administration) Act 1992 (Cth) Bankruptcy Act 1966 (Cth) s 122
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