Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GRD Building Pty Ltd v Total Development Supplies Pty Ltd (Administrators Appointed) [2008] FCA 2017
CORPORATIONS – application for winding up – administrators appointed after winding up application filed - adjournment of winding up application under s 440A(2) of the Corporations Act– consideration of whether the interests of creditors are properly served by adjourning the application for a limited time where the company has already ceased trading and there is evidence of misconduct by the sole director – adjournment refused
Corporations Act 2001 (Cth) Deputy Commissioner of Taxation v Q Bridge Pty Ltd [2008] FCA 1300 GRD BUILDING PTY LTD (ACN 114 871 082) v TOTAL DEVELOPMENT SUPPLIES PTY LTD (ACN 108 294 051) (ADMINISTRATORS APPOINTED)
NTD16 of 2008
REEVES J
10 OCTOBER 2008
DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD16 of 2008
BETWEEN: GRD BUILDING PTY LTD (ACN 114 871 082)
Plaintiff
AND: TOTAL DEVELOPMENT SUPPLIES PTY LTD (ACN 108 294 051) (ADMINISTRATORS APPOINTED)
Defendant
JUDGE: REEVES J
DATE OF ORDER: 10 OCTOBER 2008
WHERE MADE: DARWIN
THE COURT ORDERS THAT:
1. The time fixed for publication of the notice in accordance with Rule 5.6 (2) (b) (i) of the Federal Court Corporations Rules 2000 is abridged to 1 October 2008. 2. The corporation, Total Development Supplies Pty Ltd (ACN 108 294 051) be wound up by this Court under the provisions of the Corporations Act 2001 (Cth). 3. Mr Geoffrey Donald Finch of KPMG, 18 Smith Street, Darwin in the Northern Territory, an official liquidator, be appointed liquidator of the corporation. 4. The plaintiff's costs (including the costs of the appearances on 8, 9 and 10 October 2008) be taxed and reimbursed out of the property of the corporation in accordance with s466(2) of the Corporations Act 2001 (Cth). 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.
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