Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v BK Ganter Holdings Pty Ltd [2008] FCA 1730
CORPORATIONS – winding up – neglect to pay debt after statutory demand – acceptance of bank cheque in payment of debt subject to condition that winding up application be adjourned for one week so as to confirm its clearance – continuation of proceedings by creditor in the interim – whether applicant continued to have standing – whether court obliged to dismiss application – applicant held to continue to have standing – no obligation to dismiss application – application adjourned as a matter of discretion
Corporations Act 2001 (Cth) ss 459A, 459C, 459P and 467 Reserve Bank Act 1959 (Cth) s 36 Currency Act 1965 (Cth) s 16
National Australia Bank v KDS Construction Services Pty Ltd (1987) 163 CLR 668 followed George v Cluning (1979) 53 ALJR 767 (note) followed Australian Mid-Eastern Club Limited v Yassim (1989) 1 ACSR 399 followed Deputy Commissioner of Taxation v Visidet Pty Ltd [2005] FCA 830 followed Deputy Commissioner of Taxation v Guy Holdings Pty Ltd (1994) 116 FLR 314; (1994) 14 ACSR 580 followed Bidald Consulting Pty Ltd v Miles Special Builders Pty Ltd [2005] NSWSC 397 not followed Motor Terms Co Pty Ltd v Liberty Insurance Ltd (1967) 116 CLR 177 cited
DEPUTY COMMISSIONER OF TAXATION v BK GANTER HOLDINGS PTY LTD ACN 088 472 066
QUD256 of 2008
LOGAN J
18 NOVEMBER 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD256 of 2008
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
AND: BK GANTER HOLDINGS PTY LTD ACN 088 472 066
Respondent
JUDGE: LOGAN J
DATE OF ORDER: 18 NOVEMBER 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The hearing of the application be adjourned to 19 November 2008. 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. IN THE FEDERAL COURT OF AUSTRALIA
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