Cribb as Liquidator of Scaff-Tec Pty Ltd (in Liquidation) v Commissioner of Taxation [2013] FCA 1283

FEDERAL COURT OF AUSTRALIA

Cribb as Liquidator of Scaff-Tec Pty Ltd (in Liquidation) v Commissioner of Taxation [2013] FCA 1283 Citation: Cribb as Liquidator of Scaff-Tec Pty Ltd (in Liquidation) v Commissioner of Taxation [2013] FCA 1283

Parties: NEIL RAYMOND CRIBB AS LIQUIDATOR OF SCAFF-TEC PTY LIMITED (IN LIQUIDATION) v COMMISSIONER OF TAXATION and GIOCOMINO RUSSO

File number: WAD 257 of 2013

Judge: GILMOUR J

Date of judgment: 19 November 2013

Legislation: Corporations Act 2001 (Cth) s 588FF, 588FGA(2)

Date of hearing: 19 November 2013

Place: Perth

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 7

Counsel for the 1st Defendant: Ms M Spurge

Solicitor for the 1st Defendant: Australian Taxation Office

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 257 of 2013

BETWEEN: NEIL RAYMOND CRIBB AS LIQUIDATOR OF SCAFF-TEC PTY LIMITED (IN LIQUIDATION)

Plaintiff

AND: COMMISSIONER OF TAXATION

First Defendant

GIOCOMINO RUSSO

Second Defendant

JUDGE: GILMOUR J DATE OF ORDER: 19 NOVEMBER 2013 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. It is hereby declared that the second defendant is liable to indemnify the first defendant pursuant to subsection 588FGA(2) of the Corporations Act 2001 (Cth) (the Act) in respect of the first defendant's loss or damage as a result of any order made in these proceedings against the first defendant under section 588FF of the Act. 2. The second defendant pay to the first defendant the sum of $84,229.47, together with such other or further sum, including interest and costs, being the amount of the first defendant's loss or damage resulting from any order made against the first defendant under section 588FF of the Act. 3. The second defendant pay the first defendant's costs of the interlocutory process dated 4 September 2013, fixed in the sum of $1,045.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.