Jahani v Deputy Commissioner of Taxation, in the matter of Rubsol Holdings Pty Ltd (In Liquidation) [2011] FCA 464

Jahani v Deputy Commissioner of Taxation, in the matter of Rubsol Holdings Pty Ltd (In Liquidation) [2011] FCA 464

The court was satisfied the payment was a voidable transaction and, with consent of the recipient and in the absence of the director, made orders for repayment and indemnity as sought.

Jurisdiction
Australia
Judgment Date
14 April 2011
Procedural Posture
Corporations Act Voidable Transaction Proceedings / Final Orders at First Instance
Outcome
Orders made as sought by the plaintiffs with consent of the Deputy Commissioner; proceeding disposed of.
Legal Topics
['voidable Transactions' "director's Indemnity" 'liquidator Recovery Actions']
['corporations Law'] ['voidable Transactions' "director's Indemnity" 'liquidator Recovery Actions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Act Voidable Transaction Proceedings / Final Orders at First Instance

Legal Issues

  1. 1 ['Whether the payment of $228,138.50 to the Deputy Commissioner of Taxation is a voidable transaction under s 588FE(2) of the Corporations Act 2001 (Cth)' 'Whether the Deputy Commissioner of Taxation should be ordered to pay that amount to the company' 'Whether the director, Ray Goldberg, is liable to indemnify the Deputy Commissioner under s 588FGA(2) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

The court was satisfied the payment was a voidable transaction and, with consent of the recipient and in the absence of the director, made orders for repayment and indemnity as sought.

Court Disposition

Orders made as sought by the plaintiffs with consent of the Deputy Commissioner; proceeding disposed of.

Orders

  • ['Declaration that the payment of $228,138.50 to the first defendant is a voidable transaction under s 588FE(2) of the Corporations Act 2001 (Cth).' 'First defendant to pay the plaintiffs $228,138.50 within 28 days of service of the order.' 'First defendant to pay the plaintiffs interest of $25,576.00 within 28...