FEDERAL COURT OF AUSTRALIA
Jahani v Deputy Commissioner of Taxation, in the matter of Rubsol Holdings Pty Ltd (In Liquidation) [2011] FCA 464
IN THE FEDERAL COURT OF AUSTRALIA | |
IN THE MATTER OF RUBSOL HOLDINGS PTY LIMITED (IN LIQUIDATION)
DATE OF ORDER: | |
WHERE MADE: |
THE COURT DECLARES THAT:
1. The payment of $228,138.50 made to the first defendant on or about 18 June 2009 for and on behalf of Rubsol Holdings Pty Limited (In Liquidation) ACN 122 076 153 is a voidable transaction pursuant to section 588FE(2) of the Corporations Act 2001 (Cth).
THE COURT ORDERS THAT:
1. Pursuant to section 588FF(1)(a) of the Corporations Act 2001 (Cth), the first defendant pay to the plaintiff the sum of $228,138.50 within 28 days’ service of a sealed copy of this order on the defendant.
2. Pursuant to s 52 of the Federal Court Act 1976 (Cth), the first defendant pay to the plaintiff interest in the sum of $25,576.00 within 28 days’ service of a sealed copy of this order on the first defendant.
3. Interest pursuant to s 52 of the Federal Court Act 1976 (Cth) shall be payable at the prescribed rate from the date on which judgment takes effect upon so much of the amount referred to in order 1 above as remains unpaid after 28 days of service of a sealed copy of order on the first defendant.
4. The second defendant pay to the first defendant, pursuant to s 588FGA(2) of the Corporations Act 2001 (Cth), the amount of $231,259.29 (being the sum of $205,683.29 in respect of order 1 and pre-judgment interest of $25,576.00 in respect of order 2).
5. Each party pay their own costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court’s website.
NEW SOUTH WALES DISTRICT REGISTRY | |
GENERAL DIVISION | NSD 1277 of 2010 |
IN THE MATTER OF RUBSOL HOLDINGS PTY LIMITED (IN LIQUIDATION)
BETWEEN: | SAID JAHANI AND TREVOR POGROSKE (IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF RUBSOL HOLDINGS PTY LIMITED (IN LIQUIDATION)) First Plaintiff RUBSOL HOLDINGS PTY LIMITED (IN LIQUIDATION) Second Plaintiff
|
AND: | DEPUTY COMMISSIONER OF TAXATION First Defendant RAY GOLDBERG Second Defendant
|
JUDGE: | EMMETT J |
DATE: | 14 APRIL 2011 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 In this proceeding the plaintiffs make a claim under s 588FF of the Corporations Act 2001 (Cth) (the Corporations Act) against the defendant, the Deputy Commissioner of Taxation (the Deputy Commissioner). They claim a declaration that a payment of $228,138.50 made by Rubsol Holdings Pty Limited (In Liquidation) (the Company) to the Deputy Commissioner on 18 June 2009 is a voidable transaction pursuant to s 588FE(2) of the Corporations Act. They also claim an order that the Deputy Commissioner pay that sum to the Company. By interlocutory process, the Deputy Commissioner claims indemnity from a director of the Company, Mr Ray Goldberg, pursuant to s 588FGA(2) of the Corporations Act.
2 I am satisfied that the relevant material relating to the claim against the Deputy Commissioner has been served on Mr Goldberg pursuant to directions given by the Court for substituted service. Mr Goldberg was notified that the matter was listed for hearing today and, when the matter was called, there was no appearance for him.
3 In those circumstances, the plaintiffs asked the Court to make orders as claimed in the originating process against the Deputy Commissioner. The Deputy Commissioner consents to those orders, and I therefore make the orders, which dispose of the proceeding.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
