Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
KMS Imports (Aust) Pty Ltd (In Liq) v Wang, in the matter of KMS Imports (Aust) Pty Ltd (In Liq) [2016] FCA 1571 File number: WAD 323 of 2014
Judge: GILMOUR J
Date of judgment: 22 December 2016
Catchwords: CORPORATIONS – trading whilst insolvent – reasonable grounds to suspect the company was insolvent – whether the second defendant was a director when the debt was incurred – whether a reasonable person would have suspected the company was insolvent
Legislation: Bankruptcy Act 1966 (Cth) s 58(3)(b) Corporations Act 2001 (Cth) ss 9, 95A(1), 95A(2), 205A, 286, 286(1), 286(2), 588E(4), 588G(1), 588G(1)(c), 588G(2), 588H(4), 588M, 588M(2), 596B Income Tax Assessment Act 1997 s 995-1(1) Taxation Administration Act 1953 ss 8AAZF, 8AAZH
Cases cited: Australian Securities & Investments Commission v Plymin (No 1) (2003) 46 ACSR 126 Green in his capacity as Liquidator of Arimco Mining Pty Ltd (in liq) v CGU Insurance Ltd (2008) 67 ACSR 398 McLellan, in the matter of The Stake Man Pty Ltd v Carroll (2009) 76 ACSR 67 Rema Industries and Services Pty Ltd v Coad (1992) 7 ACSR 251
Date of hearing: 13 September 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 76
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