Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perthmetro Pty Ltd, in the matter of Perthmetro Pty Ltd (in liq) [2015] FCA 671 Citation: Perthmetro Pty Ltd, in the matter of Perthmetro Pty Ltd (in liq) [2015] FCA 671
Parties: PETER REYMOND QUIGLEY IN HIS CAPACITY AS LIQUIDATOR OF PERTHMETRO PTY LTD (IN LIQUIDATION) (ACN 077 480 614)
File number: WAD 38 of 2015
Judge: GILMOUR J
Date of judgment: 3 July 2015
Catchwords: BANKRUPTCY AND INSOLVENCY – application under s 511 of the Corporations Act 2001 (Cth) – scope of s 511 – whether employees should be prevented from proving employee entitlements in the liquidation – whether employment contracts illegal or offensive to public policy – income splitting – income tax regime.
Legislation: Corporations Act 2001 (Cth) ss 479(3), 491, 511(1)(a) Income Tax Assessment Act 1936 (Cth) Pt IVA
Cases cited: Burdett-Baker, in the matter of AFS Group Limited (in liq) v National Australia Bank Limited [2013] FCA 799 Fitzgerald v F J Leonhardt Pty Limited (1997) 189 CLR 215 Holdcroft v Market Garden Produce Pty Ltd [2001] 2 Qd R 381 Holman v Johnson (1775) 98 ER 1120 Meadow Springs Fairway Resort Ltd (In Liq) v Balanced Securities Ltd [2007] FCA 1443 Nelson v Nelson (1995) 184 CLR 538 Re G B Nathan and Co Pty Ltd (in liq) (1991) 24 NSWLR 674 Re Willmott Forests Ltd (No 2) (2012) 88 ACSR 18 Date of hearing: 20 April 2015
Place: Perth
Division: GENERAL DIVISION
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