Federal Court of Australia
Federal Court of Australia
Jahani (liquidator) v Commissioner of Taxation [2020] FCA 1642 File number: NSD 2208 of 2018
Judgment of: STEWART J
Date of judgment: 12 November 2020
Catchwords: PRACTICE AND PROCEDURE – application for referral of questions of insolvency in unfair preference claims to a referee under s 54A of the Federal Court of Australia Act 1976 (Cth) – questions of insolvency of four related companies during a specified time period – whether referral will facilitate the resolution of the insolvency questions justly and as quickly, inexpensively and efficiently as possible – consideration of same questions arising in a separate proceeding against multiple defendants PRACTICE AND PROCEDURE – application for consolidation under r 30.11 of the Federal Court Rules 2011 (Cth) to bring unfair preference proceedings against multiple unrelated defendants – where common issues exist in relation to all the proposed defendants – application granted
Legislation: Corporations Act 2001 (Cth) ss 95A, 553C, 588E, 588FC, 588FE, 588FF, 588FG Federal Court of Australia Act 1976 (Cth) ss 37M, 37P, 54A Federal Court Rules 2011 (Cth) r 30.11, Div 28.6
Cases cited: Australian Securities & Investments Commission v AMP Financial Planning Pty Ltd [2018] FCA 1708 Commissioner of Taxation v Caratti [2018] FCA 465 Jahani (liquidator) v Alfabs Mining Equipment Pty Ltd, in the matter of Delta Coal Mining Pty Ltd (in liq) [2020] FCA 752 Kadam v MiiResorts Group 1 Pty Ltd (No 4) [2017] FCA 1139; 252 FCR 298 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2012] FCA 558; 203 FCR 520 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340; 19 ANZ Insurance Cases 62-158 Stone v Ebeid [2020] FCA 343 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Weston in his capacity as liquidator of Starcom Group Pty Ltd (in liq) v Rajan [2019] FCA 1455
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