Mossimo Systems International Pty Ltd v Deputy Commissioner of Taxation

Ms Caporale has come before the court this afternoon on behalf of the seven plaintiffs referred to in my judgment of 2 December. She has done so, she says, with the knowledge of the defendant Deputy Commissioner of Taxation. She spoke to an officer of the Australian Taxation Office earlier today.

Ms Caporale seeks on behalf of each of the seven plaintiffs an order under s 459F(2)(a)(i) of the Corporations Act 2001 (Cth) extending the time for compliance with the statutory demand. The period of extension sought is 90 days.

An order can be made under s 459F(2)(a)(i) only if there has been a valid application under s 459G for an order setting aside the relevant statutory demand.

For reasons given at paragraphs [9] to [11] of the judgment of 2 December 2010 ( Mossimo Systems International Pty Ltd v Deputy Commissioner of Taxation [2010] NSWSC 1409), that pre-condition is not satisfied in this case. It is accordingly not open to the court to make any order under s 459F(2)(a)(i).

The notice of motion is dismissed.

I should add for Ms Caporale's benefit that this in no way precludes her attempting to negotiate further with the Australian Taxation Office with a view to persuading it not to initiate winding up proceedings.