Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation, in the matter of DirectCorp Pty Ltd (in liq)v DirectCorp Pty Ltd, [2006] FCA 1020 IN THE MATTER OF DIRECTCORP PTY LTD (IN LIQ) DEPUTY COMMISSIONER OF TAXATION v DIRECTCORP PTY LTD (ACN 090 070 956) NSD 352 OF 2006
LINDGREN J
31 JULY 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 352 OF 2006
in the matter of DIRECTCORP PTY LTD (in liquidation) BETWEEN: DEPUTY COMMISSIONER OF TAXATION
PLAINTIFF
AND: DIRECTCORP PTY LTD
(ACN 090 070 956)
DEFENDANT
JUDGE: LINDGREN J
DATE OF ORDER: 31 JULY 2006
WHERE MADE: SYDNEY
THE COURT NOTES THE FOLLOWING UNDERTAKINGS GIVEN BY NABIL MOUSSA TO THE COURT: 1. That he will capitalise, that is, convert into share capital, the amounts of all loans he has made to the defendant, including any amounts paid or to be paid by him on its account in connection with his application for an order terminating the winding up of the defendant; 2. That he will pay all and any amounts owing by the defendant to creditors as at 31 July 2006 in the event that the defendant should not do so; 3. That he will cause to be paid from the funds of the defendant a sum of $38,750 to Alliance Motor Auctions in satisfaction of the debt owed by the defendant to it; 4. That he will cause the defendant to lodge with the plaintiff all outstanding business activity statements of the defendant.
THE COURT ORDERS THAT: 5. Pursuant to subsection 482(1) of the Corporations Act 2001 (Cth)the winding up of the defendant be terminated on 31 July 2006. 6. Nabil Moussa pay the plaintiff's costs, if any, of the application for an order terminating the winding up of the defendant.
the court DIRECTs THAT: 7. Bryan Patrick Collis, the liquidator of the defendant, pay to himself, from his trust account held in the name of the defendant, $19,210.04 in payment of his remuneration on the liquidation and $1980 for his legal costs of the liquidation. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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