Condon & anor v Commissioner of Taxation; Condon v Holliday-Smith [2006] NSWSC 745

New South Wales Supreme Court

CITATION : Condon & anor v Commissioner of Taxation; Condon v Holliday-Smith [2006] NSWSC 745

HEARING DATE(S) : 18 and 19 July 2006

JUDGMENT DATE : 19 July 2006

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : In matter 3747/03 judgment for the Commissioner of Taxation against Mr Holliday-Smith for $131,538.38. ; In matter 3852/03 judgment for the plaintiff against the first defendant for $569,699.97.

CATCHWORDS : CORPORATIONS LAW - insolvent trading - claim against directors established - CORPORATIONS LAW - unfair preference - settlement of claim against Commissioner of Taxation - settlement of claim by Commissioner against one director under s588FGA of the Act - claim against other director order to indemnify Commissioner made - CORPORATIONS LAW - director - whether person not appointed as director is director within s9 of the Act as acting in the position of a director

Schon Condon (First Plaintiff in both matters) Justinprint Australia Pty Ltd (In Liquidation) (Second Plaintiff in both matters) PARTIES : Commissioner of Taxation (Defendant in 3747 of 2003) Gary Alex Holliday-Smith (First Defendant in 3852 of 2003) Michael James Connor (Second Defendant in 3852 of 2003)

FILE NUMBER(S) : SC 3747 of 2003; 3852 of 2003

R D Marshall (Plaintiffs) COUNSEL : P Rodionoff (Commissioner of Taxation) No Appearance (First Defendant in 3852 of 2003) No Appearance (Second defendant in 3852 of 2003)

Gordon & Johnstone (Plaintiffs) SOLICITORS : ATO Solicitor (Commissioner of Taxation) No Appearance (First Defendant in 3852 of 2003) No Appearance (Second defendant in 3852 of 2003)