Aboriginal and Torres Strait Islander Commission v Sports Aboriginal Corporation of Tasmania

[2000] FCA 1440

FEDERAL COURT OF AUSTRALIA

Aboriginal & Torres Strait Islander Commission v  Sports Aboriginal Corporation of Tasmania [2000] FCA 1440

CORPORATIONS – corporation under Aboriginal Councils and Associations Act 1976 (Cth) – inability to pay debts.

Aboriginal Councils and Associations Act 1976 (Cth) s 63(2)(d)

ABORIGINAL & TORRES STRAIT ISLANDER COMMISSION v SPORTS ABORIGINAL CORPORATION OF TASMANIA
NO T 3001 OF 2000

HEEREY J
6 OCTOBER 2000
HOBART

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	T 3001 of 2000

BETWEEN:	ABORIGINAL & TORRES STRAIT ISLANDER COMMISSION APPLICANT
AND:	SPORTS ABORIGINAL CORPORATION OF TASMANIA RESPONDENT
JUDGE:	HEEREY J
DATE OF ORDER:	6 OCTOBER 2000
WHERE MADE:	HOBART

THE COURT ORDERS THAT:

1.The Sports Aboriginal Corporation of Tasmania be wound up by this Court under s 63(2)(d) of the Aboriginal Councils and Associations Act 1976.

2.Robert Tenbensel of 2nd Floor, 79 Collins Street, Hobart, an official liquidator, be appointed as liquidator.

3.The applicant’s costs be paid out of the assets of the respondent.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	T 3001 of 2000

BETWEEN:	ABORIGINAL & TORRES STRAIT ISLANDER COMMISSION APPLICANT
AND:	SPORTS ABORIGINAL CORPORATION OF TASMANIA RESPONDENT

JUDGE:	HEEREY J
DATE:	6 OCTOBER 2000
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicant, the Aboriginal and Torres Strait Islander Commission, applies under s 63(2)(d) of the Aboriginal Councils and Associations Act 1976 (Cth) for the winding up by the Court of the respondent, Sports Aboriginal Corporation of Tasmania.

2. The application is not opposed.  The evidence clearly establishes that the Corporation is unable to pay its debts.  The applicant is owed $727,764 for a grant that was made subject to conditions, which have been breached.  The bulk of that grant, some $500,000, was provided for the purchase of premises in Victoria Street, Hobart, for use as a sports club.  The Corporation without the prior (or subsequent) approval of the applicant, leased part of the premises to the Outlaws Motor Cycle Club and thus parted with possession of part of the premises, contrary to conditions of the grant.

3. Other creditors unpaid are as follows:  Matthew Burke Service Station, $1064; Malcolm Gray Pty Limited, accountancy services, $9180; Deborah Oakford, unpaid superannuation and long service leave, $10,583; Commonwealth Department of Education and Youth Affairs, $25,715.  This last mentioned amount was for funds provided for the provision of youth camps, which funds were not used for that purpose.  Finally, Ford Credit is owed $3,367 for the lease of a motor vehicle.

4. Accordingly there will be an order that Sports Aboriginal Corporation of Tasmania be wound up by this Court under s 63(2)(d) of the Aboriginal Councils and Associations Act 1976; that Robert Tenbensel of 2nd Floor, 79 Collins Street, Hobart, an official liquidator, be appointed as liquidator, and that the applicant’s costs be paid out of the assets of the respondent.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey.

Associate:

Dated:             13 October 2000

Counsel for the Applicant:	J Shears
Solicitor for the Applicant:	Australian Government Solicitor
Date of Hearing:	6 October 2000
Date of Judgment:	6 October 2000