Deputy Commissioner of Taxation, in the matter of ACN 154 520 199 Pty Ltd (in liq) v ACN 154 520 199 Pty Ltd (in liq) (2017) FCA 444

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation, in the matter of ACN 154 520 199 Pty Ltd (in liq) v ACN 154 520 199 Pty Ltd (in liq) [2017] FCA 444 File number: NSD 74 of 2017

Judge: GLEESON J

Date of Judgment: 6 April 2017

Date of publication of reasons: 3 May 2017

Catchwords: CORPORATIONS – winding up – creditors' voluntary winding up – application for appointment of special purpose liquidator – whether purpose of appointment beneficial – creditor willing to fund special purpose liquidator but not existing liquidator – whether existing liquidator likely to be able to find funding for proposed investigation – whether existing liquidator in a position of perceived conflict of interest – application granted

Legislation: A New Tax System (Goods and Services Tax) Act 1999 (Cth) Corporations Act 2001 (Cth) Insolvency Law Reform Act 2016 (Cth) Personal Property Securities Act 2009 (Cth) Taxation Administration Act 1953 (Cth)

Cases cited: Re Cobar Mines Pty Ltd (unreported, NSWSC, Santow J, 22 June 1998) Gusdote Pty Ltd v North Queensland Land Development Pty Ltd (No 4) [2012] FCA 759 Hughes as Administrator of Westgem Investments Pty Ltd (Recs and Mgrs Apptd) v The Receivers and Managers of Westgem Investments Pty Ltd (Recs and Mgrs Appointed) (Admin Apptd) [No 3] [2012] WASC 360 Lo v Nielsen & Moller Autoglass (NSW) Pty Ltd [2008] NSWSC 407; (2008) 26 ACLC 497 Mentha v Hughes [2014] WASC 478 Re Obie Pty Ltd (in liq) (No 4) (1984) 8 ACLR 967 Onefone Australia Pty Ltd v One.Tel Ltd (in liq) [2003] NSWSC 1228; (2003) 48 ACSR 562 Re Ambient Advertising Pty Ltd (in liq) [2015] NSWSC 1079 Victoria v CTM Training Solutions Pty Ltd (in liq) [2017] VSC 47 Victoria v Goulburn Administration Services (in liq) [2016] VSC 654