Federal Court of Australia
Federal Court of Australia
Lifestyle Homes (ACT) Pty Ltd v Deputy Commissioner of Taxation [2024] FCA 1376 File number: NSD 728 of 2024
Judgment of: PERRAM J
Date of judgment: 29 November 2024
Catchwords: CORPORATIONS – statutory demand – application to set aside under s 459G of the Corporations Act 2001 (Cth) ('the Act') – where issuing party used outdated version of prescribed form – where updated form added two words – whether omission of those words from outdated form causative of substantial injustice – where receiving party claimed to suffer confusion – where issuing party subject to model litigant obligations CORPORATIONS – statutory demand – variation to amount of demand under s 459H(4) of the Act – where variation not opposed
Legislation: Corporations Act 2001 (Cth) ss 459E(2)(e), 459G, 459H(4), 459J Corporations Regulations 2001 (Cth) reg 1.0.03, Schedule 1 item 51H, Schedule 2
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 14
Date of hearing: 25 November 2024
Counsel for the Plaintiff: Mr G McDonald
Solicitor for the Plaintiff: Hall Partners
Counsel for the Defendant: Mr T Arnold
Solicitor for the Defendant: Thomson Geer
ORDERS NSD 728 of 2024
BETWEEN: LIFESTYLE HOMES (ACT) PTY LTD ACN 144 578 996 Plaintiff
AND: DEPUTY COMMISSIONER OF TAXATION Defendant
order made by: PERRAM J DATE OF ORDER: 29 NOVEMBER 2024
THE COURT ORDERS THAT:
1. Pursuant to s 459H(4) of the Corporations Act 2001 (Cth), the amount of the statutory demand issued by the Defendant to the Plaintiff dated 14 May 2024 be varied to $4,166,779.24. 2. The Plaintiff's application to set aside the statutory demand otherwise be dismissed. 3. The Plaintiff pay the Defendant's costs of the proceeding as taxed, assessed or otherwise agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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