Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Distinctive Enterprises Pty Ltd (Administrator Appointed) (In liquidation) ACN 097 860 547 No 2 [2007] FCA 2097
CORPORATIONS – application to adjourn winding up order – review of order of registrar – hearing de novo – whether in interests of creditors of company for company to remain in administration. Corporation Act 2001 (Cth), s 439A DEPUTY COMMISSIONER OF TAXATION v DISTINCTIVE ENTERPRISES PTY LTD (ADMINISTRATOR APPOINTED) (IN LIQUIDATION) ACN 097 860 547 AND ANOR NSD2022 OF 2007
EMMETT J
30 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD2022 OF 2007
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff and First Respondent
AND: DISTINCTIVE ENTERPRISES PTY LTD (ADMINISTRATOR APPOINTED) (IN LIQUIDATION) ACN 097 860 547
Defendant and Applicant
DAVID KERR in his capacity as Official Liquidator of DISTINCTIVE ENTERPRISES PTY LTD (ADMINISTRATOR APPOINTED) (IN LIQUIDATION) ACN 097 860 547
Second Respondent
JUDGE: EMMETT J
DATE OF ORDER: 30 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an adjournment of the winding up application be refused. 2. The application for review of the decision of the Deputy Registrar made on 16 November 2007 be dismissed. 3. Mitchell Ball and the Company pay the Commissioner's Costs of the application for review.
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
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff and First Respondent
AND: DISTINCTIVE ENTERPRISES PTY LTD (ADMINISTRATOR APPOINTED) (IN LIQUIDATION) ACN 097 860 547
Defendant and Applicant
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