Jain v Deojill Pty Ltd (In Liq) [2005] FCA 1938

FEDERAL COURT OF AUSTRALIA

Jain v Deojill Pty Ltd (In Liq) [2005] FCA 1938

ASHISH JAIN v DEOJILL PTY LTD (IN LIQ) & ANOR NSD1958 OF 2005 EMMETT J 2 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1958 OF 2005

BETWEEN: ASHISH JAIN

APPLICANT

AND: DEOJILL PTY LTD (IN LIQUIDATION)

FIRST RESPONDENT

STEPHEN J PARBERY

SECOND RESPONDENT JUDGE: EMMETT J

DATE OF ORDER: 2 DECEMBER 2005

WHERE MADE: SYDNEY

Upon the undertaking of the Applicant, given by his solicitor, to procure payment of the following amounts to each of the following creditors of the first respondent on 2 December 2005 by way of loan to the first respondent; namely:

1. Australian Taxation Office $24,320.71;

2. Energy Australia Limited $963.75;

3. Office of State Revenue $625.65.

THE COURT:

1. Orders, pursuant to sub-section 482(1) of the Corporations Act 2001, that the winding up of the first respondent (ordered by this Court in proceedings NSD1331/2005 on 9 September 2005) be terminated with effect from 2 December 2005.

2. Orders, pursuant to sub-section 482(3) of the Corporations Act 2001, that the applicant thereafter resume control of the first respondent as its sole director and secretary.

3. Notes, and the Second Respondent acknowledges, that that Second Respondent has received payment sufficient to satisfy the costs and expenses of the liquidator relating to this application and of the winding up, being the following amounts:

a) Prentice Parbery Barilla (Liquidator) $4,716.28;

b) Blake Dawson Waldron (Solicitors for the Liquidator) $4,000.00;

c) Prentice Parbery Barilla (Liquidator) $195.65.

1. Otherwise dismisses the proceedings and makes no order as to costs.