Deputy Commissioner of Taxation, in the matter of Northview Developments Pty Limited (in liq) (ACN 092 804 254) v Northview Developments Pty Limited (in liq) (ACN 092 804 254) [2005] FCA 1825

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation, in the matter of Northview Developments Pty Limited (in liq) (ACN 092 804 254) v Northview Developments Pty Limited (in liq) (ACN 092 804 254) [2005] FCA 1825 CORPORATIONS – insolvency – application for stay of winding up – stay granted on terms Corporations Act 2001 (Cth),s 473(3), s 473(5), s 482

Anderson v Palmer [2002] NSWSC 192 applied

IN THE MATTER OF NORTHVIEW DEVELOPMENTS PTY LIMITED (IN LIQUIDATION) (ACN 092 804 254)

DEPUTY COMMISSIONER OF TAXATION v NORTHVIEW DEVELOPMENTS PTY LIMITED (IN LIQUIDATION) (ACN 092 804 254)

NSD 1416 OF 2005

GYLES J

16 NOVEMBER 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1416 OF 2005

IN THE MATTER OF NORTHVIEW DEVELOPMENTS PTY LIMITED (IN LIQUIDATION) (ACN 092 804 254)

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

PLAINTIFF

AND: NORTHVIEW DEVELOPMENTS PTY LIMITED (IN LIQUIDATION) (ACN 092 804 254)

DEFENDANT

JUDGE: GYLES J

DATE OF ORDER: 16 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT NOTES the undertaking of Christopher Maroon, as sole shareholder of the Plaintiff, that he will personally pay any creditors of the Plaintiff whose debt has not been disclosed on the Report as to Affairs provided by him to the Liquidator of the Plaintiff on or about 18 October 2005, or on any other list of creditors provided to the Liquidator of the Plaintiff, and who would, but for the stay of the winding up, have been entitled to prove in the liquidation of the Plaintiff. THE COURT ORDERS THAT: 1. Pending further order of this Court, the winding up of the Defendant be stayed pursuant to s 482 of the Corporations Act 2001 (Cth).

2. During the period of the stay, Christopher Maroon, the former director of the Defendant, resume management of the company.