Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020] FCA 632

FEDERAL COURT OF AUSTRALIA

Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020] FCA 632 File number: VID 695 of 2018

Judge: MIDDLETON J

Date of judgment: 15 May 2020

Catchwords: CORPORATIONS – winding up – deed of company arrangement – voidable transactions – unfair preferences – director-related transactions – source of director's authority where control of company subject to deed of company arrangement has been returned to the director – where deed of company arrangement required the company to comply with taxation obligations – whether payment made by company director to the Deputy Commissioner of Taxation while the company was subject to a deed of company arrangement is a voidable transaction – use of extrinsic material – meaning of 'by, or under the authority of' – Corporations Act 2001 (Cth) ss 444D, 444G, 588FA, 588FE(2B)

Legislation: Corporations Act 2001 (Cth) Corporations Amendment (Insolvency) Act 2007 (Cth)

Cases cited: Cargill International s A. v Solid Energy New Zealand Limited (subject to deed of company arrangement) [1016] NZHC 1917 Commissioner of Taxation v Eichmann [2019] FCA 2155 Deputy Commissioner of Taxation v Foodcorp Pty Ltd (1994) 13 ASCR 796 Esso Australia Resources Pty Ltd v Commissioner of Taxation (2011) 194 FCR 32 MYT Engineering Pty Ltd v Mulcon Pty Ltd (1999) 195 CLR 636 Reed Constructions Australia Limited v DM Fabrications Pty Ltd (2007) 25 ACLC 1463 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 Sharp & Anor v Blake & Anor [2015] EWHC 3220