Deputy Commissioner of Taxation v 566 St Kilda Rd Pty Ltd [2005] FCA 1799

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v 566 St Kilda Rd Pty Ltd [2005] FCA 1799

DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v 566 ST KILDA ROAD PTY LTD VID 1241 OF 2005 566 ST KILDA RD PTY LTD v DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA VID 1372 OF 2005 SUNDBERG J 9 DECEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1241 OF 2005

BETWEEN: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

PLAINTIFF

AND: 566 ST KILDA RD PTY LTD

(ACN 100 888 533)

DEFENDANT

VID 1372 OF 2005

BETWEEN: 566 ST KILDA RD PTY LTD

(ACN 100 888 533)

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 1372 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 1372 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 1241 of 2005: (a) the defendant be wound up in insolvency; (b) Anthony D'Aloia, of D'Aloia Handberg, Level 10, 200 Queen 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 1241 OF 2005

BETWEEN: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

PLAINTIFF

AND: 566 ST KILDA RD PTY LTD