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The ATO has published a Decision Impact Statement in relation to the decision of the Full Court of the Federal Court in De Akers as a joint foreign representative of Saad Investments Company Limited (in Official Liquidation) v FCT [2014] FCAFC 57 (14 May 2014).

The case concerned the liquidation in the Cayman Islands of a Cayman Islands registered company and protection of the Commissioner's interests as a local creditor in Australia under the Cross-Border Insolvency Act 2008 (Cth), in circumstances where there were assets in Australia and where the tax debt would not be admitted to proof in the Cayman Islands liquidation.

The Commissioner was successful before the Federal Court at first instance, and the appeal by the liquidators to the Full Court of the Federal Court was dismissed. The liquidators sought special leave to appeal the Full Court's decision to the High Court which was heard and dismissed on 17 October 2014. For a transcript of the hearing before the High Court, go here


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