Chief Commissioner of State Revenue v Rafferty's Resort Management Pty Ltd (in liq) [2008] NSWSC 452

New South Wales Supreme Court

CITATION : Chief Commissioner of State Revenue v Rafferty's Resort Management Pty Ltd (in liq) [2008] NSWSC 452

HEARING DATE(S) : 5 May 2008, and subsequent written submissions

JUDGMENT DATE : 12 May 2008

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Application for relief in terms of para 1(c) of the interlocutory process dismissed.

CATCHWORDS : CORPORATIONS - voluntary administration - whether directors of company abused provisions of Part 5.3A so as to warrant order for termination of administration - whether, when administrators are appointed after filing of winding up proceedings and subsequently administration is terminated and winding up order is made, s 447A authorises Court to make an order "backdating" the s 513C day to the date of filing of winding up proceedings - winding up by court - identification of date of commencement of winding up, s 513C day and relation-back day - whether, under s 513A(b), company is under administration "immediately before" making of winding up order if Court orders termination of administration and then orders winding up - LAW REFORM - whether reform is needed to definition of "relation-back day" and ss 513A and 513C

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 9 (definition of "relation-back day"), 435C, 447A, 513A, 513C

Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 Blacktown City Council v Macarthur Telecommunications Pty Ltd (admin apptd) (2003) 47 ACSR 391 Commissioner of Taxation v Macquarie Health Corporation Ltd (1999) 17 ACLC 171 CASES CITED : Gibbons v LibertyOne Ltd (in liq) (2002) 41 ACSR 442 Olsen v Nodcad Pty Ltd (1999) 32 ACSR 118 Re Switch Telecommunications Pty Ltd (in liq); ex parte Sherman (2000) 35 ACSR 172 St Leonards Property Pty Ltd v Ambridge Investments Pty Ltd (admins apptd) (2004) 50 ACSR 443