Deputy Commissioner of Taxation v Fairsales Pty. Limited, in the matter of Fairsales Pty. Limited [2018] FCA 499

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Fairsales Pty. Limited, in the matter of Fairsales Pty. Limited [2018] FCA 499 File number: SAD 6 of 2018

Judge: WHITE J

Date of judgment: 12 April 2018

Catchwords: TRUSTS AND TRUSTEES – application by Receivers and Managers of trust property for orders that thy have all the powers provided by s 420 of the Corporations Act 2001 (Cth) – orders made. TRUSTS AND TRUSTEES – application by a former director of the company for a declaration and an order requiring the Receivers and Managers to deliver trust property to him – application refused.

Legislation: Corporations Act 2001 (Cth) ss 420, 420A, 477(2) Federal Court of Australia Act 1976 (Cth) s 57

Cases cited: Aced Kang Investments Pty Ltd (in liq) [2017] FCA 476 Combis, in the matter of Reehal Holdings Pty Ltd (in liq) (Trustee) v Reehal Holdings Pty Ltd (in liq) (Trustee) [2017] FCA 793 Commonwealth v Byrnes and Hewitt [2018] VSCA 41 Graham Barclay Oysters Pty Ltd v Great Lakes Council [2002] HCA 54; (2002) 211 CLR 540 Hosking, in the matter of Business Aptitude Pty Ltd (in liq) [2016] FCA 1438 International General Electric Co of New York Ltd v Customs and Excise Commissioners [1962] Ch 784 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40 Magman International Pty Ltd v Westpac Banking Corporation (1991) 32 FCR 1 Re Stansfield DIY Wealth Pty Ltd (in liq) [2014] NSWSC 1484; (2014) 291 FLR 17 SMP Consolidated Pty Ltd (in liq) v Posmot Pty Ltd [2014] FCA 1382 Tonks, in the matter of PWG Holdings Pty Ltd (in liq) [2017] FCA 426