Better Mortgage and Financial Services Pty Ltd v Deputy Commissioner of Taxation, in the matter of Better Mortgage and Financial Services Pty Ltd [2020] FCA 675

FEDERAL COURT OF AUSTRALIA

Better Mortgage and Financial Services Pty Ltd v Deputy Commissioner of Taxation, in the matter of Better Mortgage and Financial Services Pty Ltd [2020] FCA 675 File number: NSD 1805 of 2019

Judge: FARRELL J

Date of judgment: 15 May 2020

Date of publication of reasons: 20 May 2020

Catchwords: CORPORATIONS – application to set-aside statutory demand – whether a genuine dispute between the plaintiff and the defendant about the existence or amount of a debt to which the demand relates under Corporations Act 2001 (Cth) s 459H – where alleged debt flows from liabilities for income tax – where no objection lodged with ATO – application dismissed

Legislation: Corporations Act 2001 (Cth) ss 459G, 459H, 459J Income Tax Assessment Act 1997 (Cth) ss 5-15, 995-1 A New Tax System (Goods and Services) Tax Act 1999 (Cth) ss 17-5, 195-1 Taxation Administration Act 1953 (Cth) Pt IIA, ss 8AAZA, 8AAZC, 8AAZD, 8AAZF, 8AAZH, 8AAZI Taxation Administration Act 1953 (Cth) Sch 1, Collection and recovery of income tax and other liabilities ss 16-30 255-45, 350-10

Cases cited: Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corp Ltd (2008) 232 CLR 314 Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37 Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd [2008] HCA 41; (2008) 237 CLR 473 Deputy Commissioner of Taxation v Epov [2008] NSWSC 1085 Deputy Commissioner of Taxation v Vasiliades [2015] FCA 412 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Panel Tech Industries v Australian Skyreach (No 2) [2003] NSWSC 896 Re UGL Process Solutions Pty Ltd [2012] NSWSC 1256