Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd

Corporations law – Winding up in insolvency - Statutory demand - Corporations Act 2001 (Cth) ("Corporations Act"), s 459H(1) provided for setting aside of statutory demand where genuine dispute about existence or amount of debt - Deputy Commissioner of Taxation served statutory demands on respondent taxpayers in respect of debts - Debts were due and payable for assessments and declarations of goods and services tax, income tax, interest and penalties - Taxpayers instituted review proceedings under Taxation Administration Act 1953 (Cth) ("Administration Act"), Pt IVC and applied to Supreme Court under Corporations Act, s 459G to set aside statutory demands - Whether pending Pt IVC proceedings constituted "genuine dispute - about the existence or amount of a debt" within meaning of s 459H(1)(a) - Whether primary judge erred in setting aside statutory demands.

Corporations law – Winding up in insolvency - Statutory demand - Discretion to set aside statutory demand for "some other reason" in Corporations Act, s 459J(1)(b) - Scope of discretion - Whether pendency of Pt IVC proceedings proper basis for exercise of discretion - Whether disruption to taxpayers, creditors and contributories proper basis for exercise of discretion - Relevance of provision in Administration Act for recovery of tax while Pt IVC proceedings pending.

Taxation – Recovery of tax - Scope of application of Corporations Act, Pt 5.4 to recovery of tax "debt" - Special character of tax "debts" as creatures of statute - Effect of conclusive evidence provisions in Administration Act, Sched 1, ss 105-100 and 298-30 and Income Tax Assessment Act 1936 (Cth), s 177(1) - Whether position different for "full self-assessment taxpayer" - Concession of Deputy Commissioner that pendency of Pt IVC proceedings relevant to hearing of winding up application.

Words and phrases – "assessment", "debt", "full self-assessment taxpayer", "genuine dispute - about the existence or amount of a debt", "some other reason", "tax debt", "tax-related liability".

Corporations Act 2001 (Cth) – Pt 5.4, ss 459G, 459H, 459J, 459S.

Taxation Administration Act 1953 (Cth) – ss 14ZZM, 14ZZR, Sched 1 ss 105-100, 255-5, 298-30.

Income Tax Assessment Act 1936 (Cth) – ss 177(1), 208, 209.