Commissioner of Taxation v Iannuzzi (No 3) [2024] FCA 45

FEDERAL COURT OF AUSTRALIA

Commissioner of Taxation v Iannuzzi (No 3) [2024] FCA 45 File number: NSD 1510 of 2017

Judgment of: MARKOVIC J

Date of judgment: 2 February 2024

Catchwords: CORPORATIONS – applications to discharge or vary orders which reinstated the registration of deregistered companies pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) – where order was made pursuant to s 601AH(3)(d) of the Corporations Act to disregard the period between the date of the relevant companies' deregistration and the date of the order for the purpose of calculating the period ending three years after the relation-back day (Order 3) – where order was made granting the companies liberty to apply to vary or discharge Order 3 – where Order 3 was made by consent without notice – where the three year limitation period under s 588FF(3) of the Corporations Act had expired at the time Order 3 was made – whether the Court has power to make Order 3 other than by s 588FF(3) of the Corporations Act – whether Order 3 should be set aside as of right – whether s 601AH(3)(d) of the Corporations Act may be used to augment the reckoning of time for limitation purposes – whether s 601AH(3)(d) or alternatively s 536 (now repealed) of the Corporations Act empower the Court to make an order extending time (or suspending time) for the purposes of s 588FF(1) of the Corporations Act – applications granted

Legislation: Corporations Act 2001 (Cth) ss 494, 536 (now repealed), 588FC, 588FDA, 588FF subs (1) and subs (3), 601AH subss (2), (3) and (5), 601AG, 1322, 1551, 1615 and 1617 Corporations Law (now repealed) s 459G and s 1322 Insolvency Practice Schedule (Corporations), being Sch 2 to the Corporations Act 2001 (Cth), s 90-10 and s 90-15 Corporations Regulations 2001 (Cth) r 10.25.01(1) and (2) Limitation Act 1963 (NSW) s 63 Limitation of Actions Act 1974 (Qld) s 11 Workers' Compensation Act 1990 (Qld) (now repealed) s 186 Uniform Civil Procedure Rules 2005 (NSW) r 36.16