Deputy Commissioner of Taxation v AGJ Businesses Pty Ltd [2024] FCA 400

Federal Court of Australia

Deputy Commissioner of Taxation v AGJ Businesses Pty Ltd [2024] FCA 400 File number: NSD 1472 of 2023

Judgment of: CHEESEMAN J

Date of judgment: 18 April 2024

Catchwords: CORPORATIONS — where winding up orders have been made and the director of the company in liquidation purports to apply in the company's name to set aside those orders pursuant to s 482 of the Corporations Act 2001 (Cth), s 35A of the Federal Court of Australia Act 1976 (Cth) and rr 3.11, 39.04 or 39.05 of the Federal Court Rules 2011 (Cth)— where the sole director / shareholder seeks to bring the application in the company's name pursuant to s 198G(3)(b) of the Corporations Act — where it has not been demonstrated that it is arguable that the company is solvent — whether application should be granted — Held: application dismissed.

Legislation: Corporations Act 2001 (Cth) ss 198G(1), (3)(b), 482(1), (1A) Federal Court of Australia Act 1976 (Cth) s 35A(5) Federal Court Rules 2011 (Cth) r 39.04, 39.05(a)

Cases cited: Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 23

Date of hearing: 18 April 2024

Solicitor for the Plaintiff: Mr T Trotman of K&L Gates

Counsel for the Defendant: Ms Amanda Johnstone, the director of the defendant appeared in person and was granted limited leave for the purposes of her application to seek leave to bring the interlocutory application in the name of the defendant.