In the matter of 4 Doonan Street Collinsville Pty Ltd (in liq)

[2015] NSWSC 437

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Taxes and Duties
2. › running balance accounts
3. › where company in liquidation lodges tax returns relating to transactions prior to winding up
4. › where Commissioner sought to set-off amounts in several tax accounts to determine net position
5. › whether Commissioner’s approach inconsistent with pari passu principle.
1. Taxes and Duties
2. › running balance accounts
3. › where the Commissioner applied tax credits against tax debits in running balance accounts
4. › whether Commissioner was entitled to do so under s 8AAZLA of the Taxation Administration Act 1953 (Cth).
1. Corporations
2. › winding up
3. › conduct and incidents of winding up
4. › where Commissioner sought to determine net position within running balance accounts
5. › whether Company had a chose in action as to tax credit prior to set-off
6. › whether amounts in accounts were property under s 9 of the Corporations Act
7. › whether set-off constituted attachment under s 500 of the Corporations Act 2001 (Cth).