13 Nov 2008
COMMISSIONER OF INLAND REVENUE V F B DUVALL LIMITED HC AK CIV 2007-404-2708
- Citation
- openlaw-f8439f79_575a_4bca_9b09_4dbc5c340d53.pdf
- Court
- High Court
The defendant failed to rebut the statutory presumption of inability to pay arising from the unsatisfied statutory demand; possession of a cheque for the specific debt and selective accounting figures did not establish overall solvency under the cash‑flow test, and Rule 146 prevents reliance on tax set‑offs or counterclaims to avoid liquidation, so there was no basis to exercise discretion to refuse appointment of liquidators; matter adjourned to permit payment before appointing liquidators.