Burness, In the matter of Denward Lane Pty Ltd (in liquidation) [2008] FCA 1698

FEDERAL COURT OF AUSTRALIA

Burness, In the matter of Denward Lane Pty Ltd (in liquidation) [2008] FCA 1698

PAUL BURNESS (AS LIQUIDATOR) v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA; COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v KEITH WILLIAM SMITH and STEPHEN SMITH

VID 201 of 2008

GORDON J

5 NOVEMBER 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 201 of 2008

IN THE MATTER OF DENWARD LANE PTY LTD (ACN 065 418 411) (IN LIQUIDATION) BETWEEN: PAUL BURNESS (AS LIQUIDATOR)

Plaintiff

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Defendant

AND BETWEEN: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Applicant

and: KEITH WILLIAM SMITH

First Respondent

STEPHEN SMITH

Second Respondent

JUDGE: GORDON J

DATE OF ORDER: 5 NOVEMBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Leave be granted to the Defendant to file in Court the affidavit of Christopher William Hallinan sworn 3 November 2008. 2. Pursuant to s 588FF(1)(a) of the Corporations Act 2001 (Cth) ("the Act"), the Defendant pay to Denward Lane Pty Ltd (in liquidation) (ACN 065 418 411) the sum of $80,156.83 within 45 days of service of a sealed copy of these Orders upon the Defendant. 3. Pursuant to s 588FGA(4) of the Act, the Respondents pay to the Defendant the sum of $49,691.44 within 45 days of service of a sealed copy of these Orders on the Respondents, such service to be effected by posting a sealed copy of the Orders to the Respondents at 7 Woodbyrne Crescent, Mornington, Victoria 3931. 4. There be no Order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.