Commonwealth Bank of Australia v Parform Pty Ltd [1995] FCA 613

CATCHWORDS COMPANIES - Winding up - Statutory demand - Compounding for amount of debt - Tender - Whether status of creditor lost by refusal of tender - Insolvency - Corporations Law, ss.459C, 459E, 459F. Australian Mid-Eastern Club Ltd v. Yassim (1989) 1 ACSR 399 Occidental Life Insurance Co v. Life Style Planners Pty Ltd (1992) 9 ACSR 171 Deputy Commissioner of Taxation v. Guy Holdings Pty Ltd (1994) 12 ACLC 966 Re Concrete Pipes and Cement Products Ltd [1926] VLR 34 COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) v. PARFORM PTY LTD (ACN 006 542 696) VG 3257 of 1995 COURT: Sundberg J PLACE: Melbourne DATE: 11 August 1995

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 3257 of 1995 GENERAL DIVISION ) IN THE MATTER OF:PARFORM PTY LTD (ACN 006 542 696) BETWEEN: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) Applicant AND: PARFORM PTY LTD (ACN 006 542 696) Respondent COURT: Sundberg J DATE: 11 August 1995 PLACE: Melbourne MINUTES OF ORDER The Court orders that: (1) Parform Pty. Ltd. be wound up under the provisions of s.459P of the Corporations Law. (2) Robert Michael Scales be appointed liquidator of the affairs of the company. (3) The Applicant's costs (including reserved costs) be taxed and reimbursed out of the property of the company in accordance with section 466(2) of the Corporations Law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.