SJP Formwork (Aust) P/L & 1 Ors v Deputy Commissioner of Taxation [2000] NSWSC 604

Reported Decision : (2000) 34 ACSR 604

New South Wales Supreme Court

CITATION : SJP Formwork (Aust) P/L & 1 Ors v Deputy Commissioner of Taxation [2000] NSWSC 604 revised - 18/07/2000 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4163/99 HEARING DATE(S) : 26/06/00 JUDGMENT DATE : 26 June 2000

SJP FORMWORK (AUST) PTY LIMITED (in liquidation) ACN 003 130 103 (First Plaintiff) RONALD JOHN DEAN-WILLCOCKS (Second Plaintiff) PARTIES : DEPUTY COMMISSIONER OF TAXATION (Defendant/Cross-Claimant) STEVE PEJKOVIC (First Cross-Defendant) LYDIA PEJKOVIC (Second Cross-Defendant) JUDGMENT OF : Santow J

H Snow (Solicitor) (Plaintiff) COUNSEL : M R Aldridge, SC (Defendant/Cross-Claimant) J T Johnson (Cross-Defendants) Swaab Attorneys (Plaintiff) SOLICITORS : Australian Government Solicitor (Defendant/Cross-Claimant) Heaney Richardson & Nemes (Cross-Defendants) CATCHWORDS : CORPORATIONS — PROCEDURE — Unfair preference — What is effect of 1993 Harmer amendments to Corporations Law if order made to have recovered preference paid to "the company and liquidator" rather than to the company alone — Is such order "under s588FF" for the purposes of indemnity to Tax Commissioner pursuant to s588FGA — Effect of intervening charge on recovered preference payment — Kratzman principles — Construction of court order by reference to forensic context against background of legislation. LEGISLATION CITED : Corporations Law Pt 5.7B, s565, s588FF, s588FGA Corporate Law Reform Act 1992 CASES CITED : N A Kratzman Pty Limited (in liquidation) v Tucker [No. 2] (1965-66) 123 CLR 295 Mineral & Chemical Traders Pty Ltd v T Tymczszyn Pty Ltd (in liq) and Anor (1994-5) 15 ACSR 398 DECISION : Declaration granted.