BCI Finances Pty Ltd (in liquidation) v Commissioner of Taxation [2014] FCA 898

FEDERAL COURT OF AUSTRALIA

BCI Finances Pty Ltd (in liquidation) v Commissioner of Taxation [2014] FCA 898 Citation: BCI Finances Pty Ltd (in liquidation) v Commissioner of Taxation [2014] FCA 898

Parties: BCI FINANCES PTY LIMITED (IN LIQUIDATION) v COMMISSIONER OF TAXATION

File number(s): NSD 626 of 2011

Judge(s): GLEESON J

Date of judgment: 6 August 2014

Catchwords: PRACTICE AND PROCEDURE – application for release of the implied undertaking in relation to subpoenaed documents – where applicants are liquidators of a corporation – where subpoenaed documents produced by former legal representatives of that corporation – whether liquidators subject to implied undertaking – whether liquidators should be released from implied undertaking – application granted

Legislation: Corporations Act 2001 (Cth) ss 436A, 439C Federal Court Rules 2011 (Cth) r 20.03(2) Taxation Administration Act 1953 (Cth) Part IVC

Cases cited: ASIC v Australian Property Custodian Holdings Ltd (receivers and managers appointed) (in liquidation) (controllers appointed) [2013] FCA 74 Australian Securities & Investments Commission v Marshall Bell Hawkins Limited [2003] FCA 833 BCI Finances Pty Ltd v Commissioner of Taxation [2012] FCA 855 Commonwealth v Northern Land Council (1993) 176 CLR 604 Eltran Pty Ltd v Westpac Banking Corporation (1990) 25 FCR 322 Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 Hearne v Street (2008) 235 CLR 125 QPSX Limited v Ericsson Australia Ltd (No 5) [2007] FCA 244 Liberty Funding Pty Ltd v Phoenix Capital Pty Ltd [2005] FCAFC 3 National Mutual Holdings Pty Ltd v Sentry Corporation & Ors [1990] FCA 156 Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts [2007] FCA 1398