Keith, in the matter of Club Décor Pty Ltd (In Liquidation) (ACN 006 096 493) and in the matter of CDE Constructions Pty Ltd (In Liquidation) (ACN 110 337 493) [2008] FCA 595

Keith, in the matter of Club Décor Pty Ltd (In Liquidation) (ACN 006 096 493) and in the matter of CDE Constructions Pty Ltd (In Liquidation) (ACN 110 337 493) [2008] FCA 595

Club Decor Pty Ltd and CDE Constructions Pty Ltd were entitled to repayment from the Commissioner of Taxation for voidable transactions, and the Commissioner was entitled to an indemnity from director Scott Lafferty, who failed to avail himself of avenues to file a defence or appear, justifying the making of indemnity and costs orders against him.

Jurisdiction
Australia
Judgment Date
29 April 2008
Procedural Posture
Civil / Judgment and Orders
Outcome
Orders made as sought by consent. Indemnity and costs orders made against Mr Lafferty.
Legal Topics
['voidable Transaction' 'indemnity Against Commissioner of Taxation' 'director Liability']
['corporations Law' 'insolvency'] ['voidable Transaction' 'indemnity Against Commissioner of Taxation' 'director Liability']

Case Brief

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Procedural Posture

Civil / Judgment and Orders

Legal Issues

  1. 1 ['Whether payments made by Club Decor Pty Ltd and CDE Constructions Pty Ltd to Commissioner of Taxation were voidable transactions under s 588FE(2) of the Corporations Act 2001 (Cth)' 'Whether Commissioner of Taxation is entitled to indemnity from Scott Lafferty under s 588FGA(3) upon making payment to liquidators' 'Whether Mr Lafferty satisfied defences under s 588FGB']

Ratio Decidendi

Club Decor Pty Ltd and CDE Constructions Pty Ltd were entitled to repayment from the Commissioner of Taxation for voidable transactions, and the Commissioner was entitled to an indemnity from director Scott Lafferty, who failed to avail himself of avenues to file a defence or appear, justifying the making of indemnity and costs orders against him.

Court Disposition

Orders made as sought by consent. Indemnity and costs orders made against Mr Lafferty.

Orders

  • ['Commissioner to pay Club Decor Pty Ltd (in liquidation) $267,691.93 plus $54,708.24 interest.' 'Commissioner to pay CDE Constructions Pty Ltd (in liquidation) $5,742.01 plus $592.76 interest.' 'No order as to costs as between plaintiffs and Commissioner.' 'Scott Lafferty to pay Commissioner $261,787.64.' 'Scott...