Christopher John Palmer v Commissioner of Taxation [2006] NSWSC 1253

New South Wales Supreme Court

CITATION : Christopher John Palmer v Commissioner of Taxation [2006] NSWSC 1253

HEARING DATE(S) : 06/11/06

JUDGMENT DATE : 6 November 2006

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 11/06/2006

DECISION : 1. Order that judgment be entered for the plaintiff against the defendant in the sum of $32,504.34; 2. order that the defendant pay the plaintiffs costs of the proceedings; 3. on the interlocutory process of the Commissioner of Taxation, I make a declaration in accordance with paragraph one of the interlocutory process; 4. order that judgment be entered for the Commissioner of Taxation against Mr David Eric Stevenson in the sum of $23,805.01; 5. make an order in accordance with paragraph 3 of the interlocutory process; 6. order that the respondent to the interlocutory process pay the Commissioner of Taxation's costs of the interlocutory process; and 7. the exhibits may be returned after 28 days.

CATCHWORDS : CORPORATIONS – Winding up – Recovering property or compensation for the benefit of creditors of insolvent company – Voidable transactions – Plaintiff, the liquidator of a company, sought to recover payments made by the company to the Commissioner of Taxation – Company made payments whilst insolvent – Whether payments to Commissioner had unfair preferential effect – Whether director of company liable to indemnify Commissioner pursuant to s 588FGA Corporations Act – Held that plaintiff entitled to recover payments made by company – Held that director of company liable to indemnify Commissioner.

LEGISLATION CITED : Corporations Act 2001 (Cth) Civil Procedure Act 2005 (NSW)