Federal Court of Australia
Federal Court of Australia
Hall v CAP Security Services Pty Ltd, In the matter of CAP Security Services Pty Ltd [2023] FCA 1237 File number: QUD 369 of 2023
Judgment of: DERRINGTON J
Date of judgment: 29 August 2023
Date of publication of reasons: 19 October 2023
Catchwords: CORPORATIONS – winding up in insolvency other than in reliance on non-compliance with a statutory demand – circumstances indicative of insolvency considered – outstanding undisputed taxation liability – abandonment of business premises – winding up order made
Legislation: Corporations Act 2001 (Cth) Income Tax Assessment Act 1997 (Cth) Taxation Administration Act 1953 (Cth) Federal Court (Corporations) Rules 2000 (Cth) Federal Court Rules 2011 (Cth) Property Law Act 1974 (Qld)
Cases cited: Ataxtin Pty Ltd v Gordon Pacific Developments Pty Ltd (1991) 29 FCR 564 Australian Beverage Distributors v The Redrock Co (2008) 26 ACLC 74 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 2) (2013) 93 ACSR 189 Commissioner of Revenue (Vic) v Roy Morgan Research Centre Pty Ltd (1997) 24 ACSR 73 Devmin International Pty Ltd v Belconnen Developments Pty Ltd [2022] QSC 186 FP Leonard Advertising Pty Ltd v KD Travel Service Pty Ltd (1993) 12 ACSR 136 In the matter of Plutus Payroll Pty Ltd [2017] NSWSC 1360 Just Juice Corporation Pty Ltd v Murrayland Fruit Juice Pty Ltd (1990) 2 ACSR 541 Lewis v Doran (2004) 208 ALR 385 Melbase Corporation Pty Ltd v Segenhoe Ltd (1995) 17 ACSR 187 Re Ryals Hotel Pty Ltd (2020) 149 ACSR 626 Re Taylor's Industrial Flooring Ltd (1990) 8 ACLC 3081 Southern Cross Interiors Pty Ltd v Deputy Commissioner of Taxation (2001) 53 NSWLR 213
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate