Woodgate (Liq of Fairlight ESP) v Commissioner of Taxation & Ors [2006] NSWSC 778

New South Wales Supreme Court

CITATION : Woodgate (Liq of Fairlight ESP) v Commissioner of Taxation & Ors [2006] NSWSC 778

HEARING DATE(S) : 10 to 12 July 2006

JUDGMENT DATE : 8 August 2006

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

DECISION : Orders made for repayment by the Commissioner of preferences; orders made for indemnification of Commissioner by director.

CATCHWORDS : CORPORATIONS – WINDING UP – PREFERENCE – Preference recovered from Commissioner of Taxation – Commissioner seeks indemnity from director – whether company insolvent – whether director had reasonable expectation that company would be solvent – whether Commissioner entitled to indemnity for Commissioner's own costs of defending preference recovery action.

- Australian Securities and Investments Commission Act 2001 (Cth) – s.30 LEGISLATION CITED : - Corporations Act 2001 (Cth) - s.95A, s.588FA, s.588FC, s.588FE, s.588FF, s.588FGA, s.588FGB, s.588G, s.1274 - Taxation Administration Act 1953 (Cth)

CASES CITED : - Sims v Deputy Commissioner of Taxation (2006) 57 ASCSR 249 - Southern Cross Interiors Pty Ltd v Deputy - Commissioner of Taxation (2001) 53 NSWLR 213

Giles Geoffrey Woodgate (Liquidator of Fairlight ESP Pty Ltd (In liq)) – Plaintiff PARTIES : Commissioner of Taxation – Defendant/Cross Claimant David William Hannay – Cross Defendant

FILE NUMBER(S) : SC 4933/04

M.A. Ashhurst, S. Ipp – Plaintiff COUNSEL : P.A. Fury – Defendant/Cross Claimant In person – Cross Defendant

Peter Kemp Solicitors – Plaintiff SOLICITORS : ATO Legal Practice – Defendant/Cross Claimant In person – Cross Defendant