Deputy Commissioner of Taxation v Distinctive Enterprises Pty Ltd (in liquidation) ACN 097 860 547 [2007] FCA 2074

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Distinctive Enterprises Pty Ltd (in liquidation) ACN 097 860 547 [2007] FCA 2074

CORPORATIONS – winding up – review of decision of registrar to refuse application for adjournment of winding up application under s 440A(2) of the Corporations Act 2001 (Cth). Corporations Act 2001 (Cth), ss 440A(2), 286 DEPUTY COMMISSIONER OF TAXATION v DISTINCTIVE ENTERPRISES PTY LTD (IN LIQUIDATION) ACN 097 860 547 NSD2022 OF 2007

EMMETT J

19 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2022 OF 2007

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: DISTINCTIVE ENTERPRISES PTY LTD (IN LIQUIDATION) ACN 097 860 547

Defendant

JUDGE: EMMETT J

DATE OF ORDER: 19 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT:

1. Orders that the orders made on 16 November 2007 be stayed up to 5 pm on 23 November 2007. 2. Grants leave for the defendant to be joined as an applicant for review, under s 35A of the Federal Court of Australia Act 1976 (Cth), of the orders made on 16 November 2007. 3. Orders that the hearing of the review application be adjourned to 2.15 pm on 23 November 2007. 4. Notes the undertaking of the applicants for review to provide to all creditors, as soon as practicable before the meeting convened for 23 November 2007, written submissions in a form approved by the plaintiff, through her legal advisers, as to why it is in the interests of creditors that the defendant be wound up. 5. Notes the undertaking of the administrator not to sign any deed of company arrangement prior to 5 pm on 23 November 2007.

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 NSD2022 OF 2007