Deputy Commissioner of Taxation v Arizcorp Pty Ltd (No. 2) [2008] FCA 580

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Arizcorp Pty Ltd (No. 2) [2008] FCA 580 INSOLVENCY – consideration of an application for adjournment of an application for the termination of an order for the winding‑up of the first defendant DEPUTY COMMISSIONER OF TAXATION v ARIZCORP PTY LTD ACN 078 186 722 AND ROBERT ALEXANDER WILKIE QUD239 OF 2007

GREENWOOD J

24 APRIL 2008

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD239 OF 2007

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: ARIZCORP PTY LTD ACN 078 186 722

First Defendant

ROBERT ALEXANDER WILKIE

Second Defendant

JUDGE: GREENWOOD J

DATE OF ORDER: 24 APRIL 2008

WHERE MADE: BRISBANE

UPON the first defendant by its counsel undertaking that it will not on or before 4.00pm on 21 May 2008 dispose of any assets or incur any liabilities other than in the usual course of business,

THE COURT ORDERS THAT:

1. The application made by the first defendant by notice of motion for an order for the termination of the winding‑up of the first defendant is adjourned to 21 May 2008 at 11.00am. 2. The winding‑up order made on 29 February 2008 is stayed until 4.00pm on 21 May 2008. 3. The first and second defendants shall provide further security to the liquidator of the first defendant in an amount of $5,000.00. 4. The first and second defendants shall pay the costs of the plaintiff of and incidental to the adjournment of the application for termination of the winding‑up. 5. The parties shall have liberty to apply on two days notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD239 OF 2007

BETWEEN: DEPUTY COMMISSIONER OF TAXATION