Panadell Architectural Cladding Systems Pty Limited (In Liquidation) v Commissioner of Taxation [2010] FCA 1502

Panadell Architectural Cladding Systems Pty Limited (In Liquidation) v Commissioner of Taxation [2010] FCA 1502

Because the plaintiffs and the Commissioner consented to an order that the Commissioner repay $63,000 with interest, the respondent on the motion had not appeared or sought to stand in the Commissioner's shoes, and the evidence indicated that $53,251.83 of the payments was applied to group tax or other liabilities, it was appropriate to order the respondent to pay that amount to the Commissioner pursuant to s 588FGA(2) of the Corporations Act 2001 (Cth).

Jurisdiction
Australia
Judgment Date
03 December 2010
Procedural Posture
Liquidators' Claim for Recovery of Payments Said to Be Preferences and Commissioner's Indemnity Application Under S 588 Fga(2) of the Corporations Act 2001 (cth) / Hearing and Orders on Interlocutory Process Filed 25 August 2010; Respondent on the Motion Did Not Appear
Outcome
Commissioner's indemnity application granted; consent order made for the Commissioner to pay the plaintiffs $63,000 plus interest, and respondent ordered to pay the Commissioner $53,251.83.
Legal Topics
['voidable Transactions' 'preference Payments' 'liquidator Recovery Application' 'commissioner of Taxation Indemnity' 'director Liability']
['corporations Law' 'insolvency' 'taxation'] ['voidable Transactions' 'preference Payments' 'liquidator Recovery Application' 'commissioner of Taxation Indemnity' 'director Liability']

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Procedural Posture

Liquidators' Claim for Recovery of Payments Said to Be Preferences and Commissioner's Indemnity Application Under S 588 Fga(2) of the Corporations Act 2001 (cth) / Hearing and Orders on Interlocutory Process Filed 25 August 2010; Respondent on the Motion Did Not Appear

Legal Issues

  1. 1 ['Whether the Commissioner of Taxation should pay the plaintiffs the sum of $63,000 for payments said to have given the Commissioner a preference.' 'Whether the respondent on the motion should indemnify the Commissioner under s 588FGA(2) of the Corporations Act 2001 (Cth).']

Ratio Decidendi

Because the plaintiffs and the Commissioner consented to an order that the Commissioner repay $63,000 with interest, the respondent on the motion had not appeared or sought to stand in the Commissioner's shoes, and the evidence indicated that $53,251.83 of the payments was applied to group tax or other liabilities, it was appropriate to order the respondent to pay that amount to the Commissioner pursuant to s 588FGA(2) of the Corporations Act 2001 (Cth).

Court Disposition

Commissioner's indemnity application granted; consent order made for the Commissioner to pay the plaintiffs $63,000 plus interest, and respondent ordered to pay the Commissioner $53,251.83.

Orders

  • ["Pursuant to s 588FF(1)(a) of the Corporations Act 2001 (Cth), the defendant pay to the plaintiffs the sum of $63,000 within 28 days' service of a sealed copy of this order on the defendant." 'Interest pursuant to s 52 Federal Court Act 1976 (Cth) shall be payable at the prescribed rate from the date on which...