Bruton Holdings Pty Limited (In Liquidation) v Commissioner of Taxation [2007] FCA 852

FEDERAL COURT OF AUSTRALIA

Bruton Holdings Pty Limited (In Liquidation) v Commissioner of Taxation [2007] FCA 852 BRUTON HOLDINGS PTY LIMITED (IN LIQUIDATION) v COMMISSIONER OF TAXATION AND PERSONS NAMED IN SCHEDULE 'A' TRADING AS PIPER ALDERMAN NSD966 OF 2007

EMMETT J

30 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD966 OF 2007

IN THE MATTER OF BRUNTON HOLDINGS PTY LIMITED (IN LIQUIDATION) ACN 078 683 182 BETWEEN: BRUTON HOLDINGS PTY LIMITED (IN LIQUIDATION)

Plaintiff

AND: COMMISSIONER OF TAXATION

First Defendant

PERSONS NAMED IN SCHEDULE 'A' TRADING AS PIPER ALDERMAN

Second Defendant

JUDGE: EMMETT J DATE OF ORDER: 30 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted for the originating process in the form initialled by Emmett J to be filed forthwith. 2. The Originating Process be set down for first return before Justice Emmett on 1 June 2007 for directions. 3. The time for service of the Originating Process and supporting affidavit of Richard Albarran sworn 30 May 2007 be abridged to 5:00 pm on Wednesday, 30 May 2007 4. The Second Defendant be restrained up to and including 1 June 2007, from dealing in any way with sums of money, held in the following trust accounts: 4.1 $447, 402.20 held in Piper Alderman General Trust Funds Trust Account for Bruton Holdings Pty Limited (Administrators Appointed) on account of costs and disbursements; and 4.2 $20,467.34 held in Piper Alderman – Bruton Holdings Pty Ltd Trust Account for Bruton Holdings Pty Limited (Administrators Appointed) on account of costs and disbursements. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA