John Raymond Gibbons & Anor as official liquidators of Deemah Marble & Granite Pty Ltd (in liq) v Deputy Commissioner of Taxation [2003] NSWSC 936 — Unfair Preference & Acts Cited: — Barrister AI
John Raymond Gibbons & Anor as official liquidators of Deemah Marble & Granite Pty Ltd (in liq) v Deputy Commissioner of Taxation
INSOLVENCY - UNFAIR PREFERENCE - UNCOMMERCIAL TRANSACTION - PAYMENTS IN REDUCTION OF TAX LIABILITY - Whether company insolvent at time of payments - Whether transactions constituted unfair preferences - Whether transactions constituted uncommercial transactions HELD: Company insolvent at time of payments; payments constituted unfair preferences and uncommercial transactions; Plaintiffs entitled to order sought pursuant to s588FF(1)(a); Defendant to pay Plaintiffs interest and costs
CLAIM FOR INDEMNITY FROM DIRECTOR DEFENCES UNDER s588FGB(3),(4),(6) - Whether Respondent liable to indemnify Defendant in respect of payments made when company was insolvent - Defences of expectation of solvency, reliance on other person, and all steps taken - HELD: Defendant entitled to declaration and order that the Respondent is liable to indemnify the Defendant pursuant to 588FGA(2) - Respondent to pay Defendant interest and costs.
