Deputy Commissioner of Taxation v T.D. Preece Pty Ltd

Judgment (4 paragraphs)

[1]

The defendant pay to the plaintiff (by Electronic Funds Transfer) the following amounts: (a) within 120 days following judgment being delivered in Supreme Court Proceedings No. 277747 of 2008 between Aletta Sutton and Glenn Preece, the outstanding balance of the amount of $156,617.53 (being the amount payable to the Plaintiff in respect of the Creditor's Statutory Demand for Payment of Debt dated 6 March 2013 plus any General Interest Charges thereon from 6 March 2013 to the date on which final payment is made to the plaintiff - hereinafter referred to in these orders as the "Statutory Demand Amount"); (b) until payment in full is made in accordance with Order 1(a): (i) $45,000 on or before 4:00 pm on or before 3 January 2014; (ii) subject to Order 1(b)(iii) below, consecutive monthly instalments of at least $6,500 each, the first instalment to be paid by 4:00 pm on 3 February 2014, and subsequent instalments to be paid by 4:00 pm on the 3rd day of each consecutive month, with such instalments to continue until such time as they have been reduced to less than $6,500. (iii) if the Statutory Demand Amount has been reduced to less than $6,500, the balance of the Statutory Demand Amount shall be paid by the 3rd day of the month following the month in which the last instalment was paid under Order 1(b)(ii) above.
By no later than 4:00 pm on 14 February 2014, the defendant is to lodge with the plaintiff all Business Activity Statements and Instalment Activity Statements which are outstanding as at the date of these Orders.
The defendant is to pay the plaintiff's costs fixed in the amount of $12,245.80 by 4:00 pm on 3 February 2014.

REASONS FOR JUDGMENT 1 The parties have been unable to agree orders giving effect to the reasons for judgment in these proceedings delivered on 16 December 2013 (Deputy Commissioner of Taxation v T.D. Preece Pty Ltd [2013] FCA 1365). 2 The orders proposed by the plaintiff more accurately and appropriately give effect to the reasons for judgment. Two matters warrant brief comment. First, I accept the plaintiff's submission that order 1(a) is appropriate having regard to the Court's finding that the reasons for the non-payment of the defendant's taxation liabilities is the pendency of the proceedings in the Supreme Court and Mr Preece's current inability to deal with his personal assets before those proceedings are finalised. In those circumstances, it is reasonable to order that the taxation liabilities be paid in full following a reasonable period after judgment is delivered in those proceedings. The time provided for in order 1(a) is a reasonable period of time in the circumstances. 3 Secondly, in circumstances where the parties are apparently agreed that the plaintiff's costs of these proceedings be fixed in the amount of $12,245.80, it is appropriate to order the defendant to pay those costs in that amount but I consider that the time for doing so should not be 3 January 2014 as proposed by the plaintiff, but 3 February 2014. 4 Orders will be made accordingly. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Griffiths.

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Judgment (4 paragraphs)

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