Deputy Commissioner of Taxation v Glenleigh Developments Pty Ltd, in the matter of Glenleigh Developments Pty Ltd [2014] FCA 354

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Glenleigh Developments Pty Ltd, in the matter of Glenleigh Developments Pty Ltd [2014] FCA 354 Citation: Deputy Commissioner of Taxation v Glenleigh Developments Pty Ltd, in the matter of Glenleigh Developments Pty Ltd [2014] FCA 354

Parties: DEPUTY COMMISSIONER OF TAXATION v GLENLEIGH DEVELOPMENTS PTY LTD (ACN 134 433 631)

File number: QUD 825 of 2013

Judge: COLLIER J

Date of judgment: 8 April 2014

Catchwords: CORPORATIONS – winding-up of insolvent company – s 459P Corporations Act 2001 (Cth) – defendant company issued advice by previous solicitors in relation to franchise agreement – defendant insolvent but for legal claim against previous solicitors in relation to advice provided – proceedings commenced against solicitors in Supreme Court of Queensland – whether Court should exercise discretion to set aside or adjourn winding-up – s 459A and s 467(1) Corporations Act 2001 (Cth) PRACTICE AND PROCEDURE – review of Registrar's decision – s 35A(5) Federal Court of Australia Act 1976 (Cth) and reg 3.11 Federal Court Rules 2011 (Cth) – hearing de novo

Legislation: Corporations Act 2001 (Cth) ss 459A, 459P, s 459R, 466(2), 467(1) Federal Court of Australia Act 1976 (Cth) s 35A Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth)

Cases cited: Bungey v Magnate Projects [2006] NSWSC 734 Callegher v Australian Securities and Investments Commission (2007) 239 ALR 749; [2007] FCA 482 Emanuele v Australian Securities Commission (1997) 188 CLR 114 FAI Insurances Ltd v Goldleaf Interior Decorators Pty Ltd (No 2) (1988) 14 NSWLR 643 Gerard Cassegrain & Co Pty Ltd (in liquidation) v Cassegrain (2013) 305 ALR 687; [2013] NSWCA 455 Shakespeares Pie Co v Multipye [2006] NSWSC 930