Deputy Commissioner of Taxation v Vallod Pty Limited; in the matter of Vallod Pty Limited [2007] FCA 535

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Vallod Pty Limited; in the matter of Vallod Pty Limited [2007] FCA 535 Deputy Commissioner of Taxation v Fairchild Development Pty Ltd (in liq) [2006] FCA 714 cited George Ward Steel Pty Ltd v Kizkot Pty Ltd (1989) 15 ACLR 464; (1989) 7 ACLC 838 referred to IN THE MATTER OF VALLOD PTY LIMITED ACN 052 234 214; DEPUTY COMMISSIONER OF TAXATION v VALLOD PTY LIMITED ACN 052 234 214 NSD 1988 OF 2006

GYLES J

5 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1988 OF 2006

IN THE MATTER OF VALLOD PTY LIMITED ACN 052 234 214 BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: VALLOD PTY LIMITED ACN 052 234 214

Defendant

JUDGE: GYLES J DATE OF ORDER: 5 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to Terence James Chatterton to bring this application instanter. 2. The order of Registrar Hedge made on 30 March 2007 winding up Vallod Pty Limited and appointing Steve Sherman as liquidator of Vallod Pty Limited be set aside. 3. The time within which this application for the winding up of the Defendant in insolvency must be determined be extended to 1 June 2007. 4. The proceedings be adjourned to the Registrar's corporations list on 20 April 2007 at 9.15 am. 5. Terence James Chatterton is to pay: (a) the costs of the Plaintiff of this application agreed in the sum of $1815.44. (b) the costs and expenses of the liquidator 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 1988 OF 2006

IN THE MATTER OF VALLOD PTY LIMITED ACN 052 234 214 BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff