Deputy Commissioner of Taxation v Toorak Rd Properties Pty Ltd [2005] FCA 1798

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Toorak Rd. Properties Pty Ltd [2005] FCA 1798

DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v TOORAK RD. PROPERTIES PTY LTD VID 716 OF 2005 TOORAK RD. PROPERTIES PTY LTD v DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA VID 1183 OF 2005 SUNDBERG J 9 DECEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 716 OF 2005

BETWEEN: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

PLAINTIFF

AND: TOORAK RD. PROPERTIES PTY LTD

(ACN 092 274 309)

DEFENDANT

VID 1183 OF 2005

BETWEEN: TOORAK RD. PROPERTIES PTY LTD

(ACN 092 274 309)

APPLICANT

AND: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 9 DECEMBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Proceeding VID 1183 of 2005 be dismissed under Order 20 rule 2 of the Rules of Court as disclosing no reasonable cause of action. 2. The applicant in VID 1183 of 2005 pay the respondent's costs of that proceeding including the motion notice of which was filed on 8 November 2005. 3. In proceeding VID 716 of 2005: (a) the defendant be wound up in insolvency; (b) Stirling Lindley Horne, of Bentleys MRI, Level 7, 114 William Street, Melbourne, be appointed liquidator of the defendant, and (c) the plaintiff's costs be paid out of the assets of the defendant.

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 VID 716 OF 2005

BETWEEN: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

PLAINTIFF