Peter Sleiman Investments Pty Ltd as trustee for the Sleiman Family Trust v Deputy Commissioner of Taxation [2017] NSWCA 81

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Peter Sleiman Investments Pty Ltd as trustee for the Sleiman Family Trust v Deputy Commissioner of Taxation [2017] NSWCA 81 Hearing dates: 13, 14 March 2017 Decision date: 18 April 2017 Before: Beazley P at [1]; Leeming JA at [2]; Emmett AJA at [73] Decision: 1. Appeal allowed in part. 2. Subject to 5 below, confirm the winding up order made on 24 November 2016. 3. The existing stay of the winding up order continue until 31 May 2017. 4. Liberty to apply, on three days' notice, to the Equity Division, in respect of the continuance or extension of the stay. 5. In the event that the assessments giving rise to the judgment debt on which the winding up order was based are materially varied, or there is other material change in circumstances, then grant liberty to apply, on three days' notice, to the Equity Division to discharge the winding up order or, alternatively, to terminate the winding up. 6. Otherwise dismiss the appeal, with costs. 7. Dismiss the cross-appeal, with costs Catchwords: CORPORATIONS – winding up – Commissioner applies to wind up taxpayer on basis of judgment debt and GST liability – winding up order made but stayed pending determination of appeal – GST liability discharged – pending application in Administrative Appeals Tribunal to review Commissioner's rejection of taxpayer's objection – whether further stay should be granted when AAT hearing imminent – further stay granted

EQUITY – declarations – corporate trustee seeks declarations that resettlement effective such that property now held as asset of new unit trusts – Commissioner's claim of alienation to defraud creditors premised on effectiveness of resettlement – absence of proper contradictor – declaration might impact any future liquidator – declaratory relief refused