In the matter of Western Port Holdings Pty Ltd (receivers and managers appointed) (in liq)

[2021] NSWSC 232

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Corporations
2. › voluntary administration
3. › ATO largest creditor, owed $2.6m
4. › ATO votes against DOCA
5. › DOCA executed
6. › company returns to control of director
7. › company fails to pay tax
8. › 6 default notices issued by deed administrators
9. › ATO issues garnishee notice and enters into 4 payment arrangements
10. › deed administrators seek to terminate DOCA
11. › ATO votes for DOCA to continue
12. › defaults continue
13. › DOCA terminated
14. › ATO then owed $6.9m
15. › ATO received $2m during ‘relation back’ period.
1. Corporations
2. › unfair preferences
3. › creditor paid by third party
4. › whether creditor received “from the company” within s 588FA(1)(b) Corporations Act 2001 (Cth)
5. › case law review at [9]-[39]
6. › Cant v Mad Brothers Earthmoving Pty Ltd (in liq) [2020] VSCA 198 not plainly wrong
7. › summary of factors for third party payments at [40]
8. › evidentiary challenges for liquidators at [41].
1. Corporations
2. › voidable transactions
3. › whether payments made “by, or under the authority of the administrator of the deed” within s 588FE(2B)(d)(i) Corporations Act
4. › Commissioner of Taxation v Yeo as Liquidator of Ready Kit Cabinets Pty Ltd (in liq) [2020] FCAFC 199 followed.