Deputy Commissioner of Taxation v Evaton Cosmetics Pty Ltd [2005] FCA 1937

FEDERAL COURT OF AUSTRALIA Deputy Commissioner of Taxation v Evaton Cosmetics Pty Ltd [2005] FCA 1937 DEPUTY COMMISSIONER OF TAXATION v EVATON COSMETICS PTY LTD NSD 2105 OF 2005 EMMETT J 13 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2105 OF 2005

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

APPLICANT

AND: EVATON COSMETICS PTY LTD ACN 089 844 922

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 13 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT: 1. GRANTS LEAVE pursuant to section 471A(1A)(d) of the Corporations Act 2000 (Cth) for Eva Cheung, being the director of EVATON COSMETICS PTY LTD, to make the Interlocutory Application that was filed in the Sydney Registry of the Federal Court of Australia on 9 December 2005 on behalf of the defendant company. 2. NOTES that the Deputy Commissioner of Taxation is to be paid an amount of $159,439-52 on 13 December 2005 in respect of the company's Running Balance Account as at 2 December 2005. 3. NOTES that the plaintiff's costs of these proceedings fixed in the sum of $1,088-18 are to be paid to the Deputy Commissioner of Taxation on 13 December 2005. 4. NOTES THE UNDERTAKING of Eva Cheung, the director of the defendant company, to lodge and pay the defendant company's activity statement for the period 1 November to 30 November 2005 on or before 21 December 2005. 5. NOTES THE UNDERTAKING of Eva Cheung, the director of the defendant company, shall undertake to cause the defendant company's income tax return for the income year ended 30 June 2005 to be lodged on or before 21 December 2005 and to pay any outstanding balance, if any, in respect of that income tax return on or before 14 January 2006. 6. NOTES THE UNDERTAKING of Eva Cheung, the director of the defendant company, to execute on 13 December 2005 the Deed Poll in the form which is attached to these Orders, and that Deed Poll once executed will not be revoked. 7. NOTES THAT Mr Scott Pascoe, the Court Appointed Liquidator of the defendant company, is to be paid an amount of $33,216-08 on 13 December 2005, being on account of his Professional Costs and Disbursements associated with the Winding Up of the defendant company. 8. NOTES THE UNDERTAKING of Eva Cheung, the director of the defendant company, to indemnify Sims Partners and Mr Scott Pascoe in his capacity as Court Appointed Liquidator of the defendant company, and hold them harmless in relation to all PAYG Tax attributable to salaries and wages, Superannuation Contributions and the GST attributable to the Sales Revenue earned by the defendant company during the period between 2 December 2005 and 8 December 2005 (inclusive). 9. NOTES THE UNDERTAKING of Eva Cheung, the director of the defendant company, that she shall within seven (7) days from the date of these Orders cause the defendant company to establish a new bank account and also deposit or cause to be deposited into that new bank account an amount being equal to the sum of the amounts referred to in paragraph 8 of these Orders (the amount of such deposit being not less than $15,000-00). 10. NOTES THE UNDERTAKING of Eva Cheung, the director of the defendant company, to cause the defendant company to indemnify Mr Scott Pascoe in has capacity as Court Appointed Liquidator of the defendant company in terms identical to those provided in paragraph 8 of these Orders. 11. ORDERS that the winding up of EVATON COSMETICS PTY LTD as ordered by Registrar Hedge in the Federal Court of Australia on 2 December 2005 is hereby terminated pursuant to section 482(1) of the Corporations Act 2000 (Cth) on 13 December 2005. 12. DIRECTS that the orders not be entered until they are received by the Court in electronic form. 13. DIRECTS that the orders be served upon the liquidator and the plaintiff upon being entered.