Category Archives: s. 155A

Deputy Commissioner of Taxation v Complete Liquid Transport Pty Ltd [2010] FCA 1067 (29 September 2010)

CORPORATIONS – application for winding up of the defendant corporation pursuant to s 459P Corporations Act 2001 (Cth) on the ground of insolvency – plaintiff served statutory demand upon defendant – statutory demand not complied with by defendant – debt described in statutory demand paid outside period subsequently agreed by parties – whether admissible evidence before the Court as to existence and amount of additional unpaid debts – whether evidence substantiates additional unpaid debts and amount of debts – whether plaintiff continues to have standing to seek winding up of defendant – whether Court should exercise its discretion to wind up defendant

Held: the defendant be wound up in insolvency

Evidence Act 1995 (Cth) ss 59, 155A

Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 (10 October 2003)

[2003] FCA 1069

MIGRATION – cancellation of a Resident Return Visa – under s 501 of the Migration Act 1958 (Cth) – whether applicant denied procedural fairness where the applicant was not shown an Issues Paper prepared by an officer in the Department of Immigration & Multicultural & Indigenous Affairs for the Minister prior to the Minister making the decision – requirement of natural justice that person affected by visa revocation has an opportunity to know the case put against him

Evidence Act 1995 (Cth) s 69(1), 69(2), 69(3), 155