Deputy Commissioner of Taxation v QBridge Pty Ltd ACN 010 542 793 (In Voluntary Administration) [2008] FCA 1300

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v QBridge Pty Ltd ACN 010 542 793 (In Voluntary Administration) [2008] FCA 1300

INSOLVENCY – consideration of an application under s 440A(2) of the Corporations Act 2001 (Cth) to adjourn an application for a winding‑up order – consideration of whether the interests of creditors are properly served by adjourning the application for a limited time Creevy & Anor v Deputy Commissioner of Taxation (1996) 19 ACSR 456 - cited First Netcom Pty Ltd v Deputy Commissioner of Taxation (2000) 35 ACSR 615 - cited Lemery Holdings Pty Ltd v Reliance Financial Services BC200804142 - cited DEPUTY COMMISSIONER OF TAXATION v Q BRIDGE PTY LTD ACN 010 542 793 (IN VOLUNTARY ADMINISTRATION)

QUD72 OF 2008

GREENWOOD J

14 AUGUST 2008

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD72 OF 2008

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: Q BRIDGE PTY LTD ACN 010 542 793 (IN VOLUNTARY ADMINISTRATION)

Defendant

JUDGE: GREENWOOD J DATE OF ORDER: 14 AUGUST 2008

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for an order that the defendant be wound up in insolvency is adjourned to Wednesday, 27 August 2008. 2. The administrators to file and serve an affidavit by 4.00pm on Tuesday, 26 August 2008, setting out the results of their investigation into the viability and desirability of a Deed of Company Arrangement and setting out the recommendation which they would propose to make to creditors if a meeting of creditors is to be convened for that purpose. 3. The plaintiff and WorkCover Queensland have liberty to re‑list the proceeding upon 24 hours notice to each other and to the voluntary administrators, Mr David Michael Stimpson and Mr Terence John Rose. 4. Costs are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA