18 Jun 2012
THE COMMISSIONER OF INLAND REVENUE V FANTAIL MANAGEMENT LIMITED HC AK CIV-2012-404-939
- Citation
- openlaw-a0640cd2_339a_4ddb_86d9_f3e65d504404.pdf
- Court
- High Court
Although non-compliance with the statutory demand established the statutory presumption of inability to pay, the defendant demonstrated a genuinely disputed tax liability and had initiated s113 review; therefore the Court exercised its discretion to refuse immediate winding up and instead adjourned the proceeding conditionally, requiring the defendant to provide security and substantial information to prevent unfairness or undue pressure while the dispute is resolved.