Peter Sleiman Investments Pty Ltd as trustee for the Sleiman Family Trust v Deputy Commissioner of Taxation [2017] NSWCA 81

CORPORATIONS – winding up – Commissioner applies to wind up taxpayer on basis of judgment debt and GST liability – winding up order made but stayed pending determination of appeal – GST liability discharged – pending application in Administrative Appeals Tribunal to review Commissioner’s rejection of taxpayer's objection – whether further stay should be granted when AAT hearing imminent – further stay granted

EQUITY – declarations – corporate trustee seeks declarations that resettlement effective such that property now held as asset of new unit trusts – Commissioner's claim of alienation to defraud creditors premised on effectiveness of resettlement – absence of proper contradictor – declaration might impact any future liquidator – declaratory relief refused

PROPERTY – alienation of property – properties held by trustee as assets of discretionary trust – declaration by trustee that assets now held by it as trustee of newly established unit trusts – units allocated to trustee of discretionary trust, and later redeemed – where trustee of the discretionary trust had significant tax debts – Commissioner alleged declarations of trust were void under s 37A of the Conveyancing Act 1919 (NSW) – whether declarations of trust constituted an "alienation" of property

TRUSTS AND TRUSTEES – nature of right of indemnity – vesting order – whether vesting orders ought be made. Click here