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