Deputy Commissioner of Taxation, in the matter of Deputy Commissioner of Taxation v British Finance Pty Ltd (ABN 52 096 757 836) [2006] FCA 301

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation, in the matter of Deputy Commissioner of Taxation v British Finance Pty Ltd ABN 52 096 757 836 [2006] FCA 301

CORPORATIONS – insolvency – application for termination of winding up order Corporations Act 2001 (Cth), s 482 IN THE MATTER OF BRITISH FINANCE PTY LTD ABN 52 096 757 836; DEPUTY COMMISSIONER OF TAXATION v BRITISH FINANCE PTY LTD ABN 52 096 757 836; ROBERT WHITTON AS LIQUIDATOR OF BRITISH FINANCE PTY LTD (IN LIQUIDATION) AND MICHAEL SAADIE NSD 2176 OF 2005 GYLES J 24 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2176 OF 2005

IN THE MATTER OF BRITISH FINANCE PTY LTD ABN 52 096 757 836

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

PLAINTIFF

AND: BRITISH FINANCE PTY LTD (ABN 52 096 757 836)

DEFENDANT

ROBERT WHITTON AS LIQUIDATOR OF BRITISH FINANCE PTY LTD (IN LIQUIDATION)

FIRST RESPONDENT

MICHAEL SAADIE

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 24 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The time for making the application for review of Registrar's orders made and entered on 16 December 2005 be extended up to and including 25 January 2006.

2. The orders made and entered on 16 December 2005 by Registrar Hedge be set aside.

3. The Originating Process dated 11 November 2005 be dismissed.

4. The plaintiff to pay the costs of the first respondent in the sum of $7,000 plus GST within seven days of this order.

5. The plaintiff to pay the first respondent's legal costs in the sum of $3,184.50 within seven days.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2176 OF 2005