1 Mar 2013
COMMISSIONER OF INLAND REVENUE V WRIGHT HC AK CIV-2012-404-5449
- Citation
- openlaw-62411122_f267_403a_8171_2639fe9d8dc1.pdf
- Court
- High Court
The defendant may properly raise insolvency set-off under s 310 of the Companies Act against the Crown in defence to a s 386C claim because secondary liability cannot exceed the company's net indebtedness; accordingly there is a 'common thread' between the Commissioner's claim against Mr Wright and Wire By Design Ltd's compensation claim against the Crown, and the court must coordinate proceedings (via case management) with the Crown to avoid duplication and inconsistent findings; a stay was not ordered at this stage but a telephone case management conference including the Crown was directed.