NSW Caselaw
Reported Decision : 51 ACSR 173 (2004) 22 ACLC 1497
New South Wales Supreme Court
CITATION : Hall (as liquidators of Reynolds Wines Limited) v Commissioner of Taxation [2004] NSWSC 985 HEARING DATE(S) : 11/10/04 JUDGMENT DATE : 25 October 2004
JURISDICTION: Equity Division Corporations List JUDGMENT OF : Barrett J DECISION : Short minutes to be brought in
CATCHWORDS : CORPORATIONS - winding up - insolvent transactions - voidable preferences - application by liquidators for order that Commissioner of Taxation repay money said to be voidable preference - Commissioner's defence concedes central elements of liquidators' claim - claim by Commissioner for indemnity order against directors in liquidators' proceedings - whether directors entitled to defend claims conceded by Commissioner Corporations Act 2001 (Cth), Part 5.7B, ss.588FF, 588FGA, LEGISLATION CITED : Supreme Court (Corporations) Rules 1999, rule 1.8 Supreme Court Rules, Part 6 Condon (as liquidator of Justinprint Pty Ltd) v Commissioner of Taxation (2004) 49 ACSR 681 Cooper (as liquidator of Wanted Worldwide (Australia) Pty Ltd) v Commissioner of Taxation [2004] FCA 1063 Coote v Richards [2001] 2 QdR 20 CASES CITED : Crosbie (as liquidator of Trollope Silverwood & Beck Pty Ltd) v Commissioner of Taxation (2003) 21 ACLC 1659 Dean-Willcocks (as liquidator of SJP Formwork (NSW) Pty Ltd) v Commissioner of Taxation (No 2) (2004) 49 ACSR 325 Hall (as liquidator of Reynolds Vineyards Pty Ltd) v Commissioner of Taxation [2004] NSWSC 950 Helicopter Sales Pty Ltd v Rotor-Work Pty Ltd (1974) 132 CLR 1 Wily (as liquidator of Boutique Resorts Management Pty Ltd) v Commissioner of Taxation [2002] NSWSC 909 Gregory Winfield Hall and Phillip Patrick Carter in their capacity as liquidators of Reynolds Wines Limited) - Plaintiffs Commissioner of Taxation - Defendant/Respondent PARTIES : Peter Renwick Poolman - First Applicant Malcolm Geoffrey Irving - Second Applicant Sandra Lee Yates - Third Applicant
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