Preston International Pty Ltd v Deputy Commissioner of Taxation [2007] NSWSC 603

New South Wales Supreme Court

CITATION : Preston International Pty Ltd v Deputy Commissioner of Taxation [2007] NSWSC 603

HEARING DATE(S) : 07/06/07

JUDGMENT DATE : 7 June 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 7 June 2007

DECISION : 1. Order that the originating process be dismissed; 2. order that the plaintiff pay the defendant's costs of the proceedings including the costs of the interlocutory process; 3. exhibits may be returned after 28 days.

CATCHWORDS : CORPORATIONS – Winding up – Statutory demand – Demand based on assessed income tax liabilities – Whether "some other reason" to set aside statutory demand – Whether Deputy Commissioner of Taxation's adoption of differential treatment of different parties to transaction giving rise to income tax liability amounts to "some other reason" – Whether Deputy Commissioner's refusal to exercise discretion to waive general interest charge accrued after delay in assessment amounts to "some other reason" – No improper use made of the statutory demand – Order that application be dismissed. - (Cth) Corporations Act 2001, ss 459E, 459J(1)(b). - (Cth) Taxation Administration Act 1953, s 8AAG - (Cth) Income Tax Assessment Act 1936, s 177

Corporations Act 2001 (Cth) LEGISLATION CITED : Income Tax Assessment Act 1936 (Cth) Taxation Administration Act (Cth) 1953

CASES CITED : Hoare Bros Pty Limited v Deputy Commissioner of Taxation (1996) 14 ACLC 394 Moutere Pty Ltd v Deputy Commissioner of Taxation (2000) 34 ACSR 533

Preston International Pty Ltd PARTIES : v Deputy Commissioner of Taxation