In the matter of Bruton Holdings Pty Limited (in liquidation) v Commissioner of Taxation [2007] FCA 1643

In the matter of Bruton Holdings Pty Limited (in liquidation) v Commissioner of Taxation [2007] FCA 1643

The notice dated 8 May 2007 issued by the Commissioner of Taxation to Piper Alderman under s 260-5 of the Taxation Administration Act 1953 was void as it constituted an attachment for the purposes of s 500(1) of the Corporations Act 2001, issued after the winding up of Bruton Holdings; solicitor's lien applies to funds for legitimate costs incurred by Piper Alderman.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Application for Declarations and Orders / Judgment After Hearing
Outcome
Application allowed; declaration and orders granted
Legal Topics
['trusts' 'liquidation' "solicitor's Lien" 'attachment Orders' 'tax Notices' 'indemnity of Trustees']
['income Tax' 'corporations' 'legal Profession'] ['trusts' 'liquidation' "solicitor's Lien" 'attachment Orders' 'tax Notices' 'indemnity of Trustees']

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Procedural Posture

Application for Declarations and Orders / Judgment After Hearing

Legal Issues

  1. 1 ['Whether notice under s 260-5 of the Taxation Administration Act is void after winding up' "Whether solicitors' lien applies to funds held for trustee company" 'Proper entitlement to trust funds after company ceases to be trustee']

Ratio Decidendi

The notice dated 8 May 2007 issued by the Commissioner of Taxation to Piper Alderman under s 260-5 of the Taxation Administration Act 1953 was void as it constituted an attachment for the purposes of s 500(1) of the Corporations Act 2001, issued after the winding up of Bruton Holdings; solicitor's lien applies to funds for legitimate costs incurred by Piper Alderman.

Court Disposition

Application allowed; declaration and orders granted

Orders

  • ['Declaration that the notice dated 8 May 2007 issued by the Commissioner of Taxation to Piper Alderman is void.' 'Commissioner of Taxation to take no step to rely on the notices dated 8 May 2007 issued pursuant to s 260-5.' 'Commissioner of Taxation to pay costs of Bruton Holdings and Piper Alderman to date.'...