Deputy Commissioner of Taxation v Star Building Formwork Pty Ltd (ACN 095 985 621) [2005] FCA 1939

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Star Building Formwork Pty Ltd (ACN 095 985 621) [2005] FCA 1939 DEPUTY COMMISSIONER OF TAXATION v STAR BUILDING FORMWORK PTY LTD (ACN 095 985 621) NSD1024 OF 2005 EMMETT J 2 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1024 OF 2005

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

APPLICANT

AND: STAR BUILDING FORMWORK PTY LTD (ACN 095 985 621)

RESPONDENT

JUDGE: EMMETT

DATE OF ORDER: 2 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Further service of the Amended Interlocutory Process be dispensed with.

2. The Liquidators' remuneration and expenses in the total sum of $13,236.33 (inclusive of GST) be approved.

3. The winding up of the Company be terminated on 6 December 2005.

4. The Court notes the undertaking to the Court by the Liquidator to account to the Company for any balance of the sum of $10,532.70 plus interest retained by him upon satisfaction of payment by the Company of the taxation and any other liabilities in respect of which that amount has been retained.

5. The Court notes the undertaking to the Court by the applicant to lodge the returns and make the payments referred to in paragraph 5(a), (b) and (c) of the affidavit of Graham Kelvin Stephenson sworn 2 December 2005.

6. The applicant is to inform the Australian Securities and Investments Commission ('the Commission') in writing of these orders no later than 12 noon on 5 December 2006.

7. Liberty is reserved to the Commission to apply to rescind Order 3 at 9.30 am on 6 December 2005, if so advised.

8. The proceeding stand over to 9.30 am on 6 December 2005 for further hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.