Reidy v Deputy Commissioner of Taxation, in the matter of Forseasons Pty Limited [2007] FCA 1330

FEDERAL COURT OF AUSTRALIA

Reidy v Deputy Commissioner of Taxation, in the matter of Forseasons Pty Limited [2007] FCA 1330

CORPORATIONS – failure by administrator to serve and publish notices of a second creditors' meeting within statutory time limit – query whether a prospective declaration of validity may be made under s 1322(4) – time limits extended Corporations Act 2001 (Cth), s 1322 IN THE MATTER OF FORSEASONS PTY LIMITED ACN 107 517 993 GEOFFREY PHILIP REIDY and FORSEASONS PTY LIMITED (IN ADMINISTRATION) ACN 107 517 993 v DEPUTY COMMISSIONER OF TAXATION NSD 1745 OF 2007

GYLES J

21 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1745 OF 2007

IN THE MATTER OF FORSEASONS PTY LIMITED ACN 107 517 993 BETWEEN: GEOFFREY PHILIP REIDY

First Plaintiff

FORSEASONS PTY LIMITED (IN ADMINISTRATION) ACN 107 517 993

Second Plaintiff

AND: DEPUTY COMMISSIONER OF TAXATION

Defendant

JUDGE: GYLES J DATE OF ORDER: 21 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. For the purposes of s 439A of the Corporations Act 2001 (Cth) the convening period for a meeting of creditors of the second plaintiff to be held on 22 August 2007, be extended to 16 August 2007. 2. For the purposes of s 439A(3) of the Corporations Act 2001 (Cth): (a) Service of the notice of meeting dated 15 August 2007 be extended to 16 August 2007; and (b) Publication of the notice of meeting dated 15 August 2007 be extended to 16 August 2007. 3. The costs of this application be paid by the first plaintiff personally. 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 1745 OF 2007

IN THE MATTER OF FORSEASONS PTY LIMITED ACN 107 517 993 BETWEEN: Geoffrey philip reidy