Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Neo Rock Pty Ltd [2009] FCA 129 CORPORATIONS - winding up — insolvency —no application by company to set aside demand — leave to oppose winding up under s 459S sought – failure by company to show that proposed ground material to proving solvency – leave refused — company wound up
Corporations Act 2001 (Cth) s 459S Grant Thornton Services (NSW) Pty Limited v St. George Wholesale Distributors Pty Limited [2008] FCA 1777 applied Perpetual Nominees Ltd v Masri Apartments Pty Ltd (No 2513/04) (2004) 49 ACSR 719 cited Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 considered DEPUTY COMMISSIONER OF TAXATION v NEO ROCK PTY LTD ACN 110 874 283
QUD311 of 2008
LOGAN J
12 FEBRUARY 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD311 of 2008
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff
AND: NEO ROCK PTY LTD ACN 110 874 283
Defendant
JUDGE: LOGAN J
DATE OF ORDER: 12 FEBRUARY 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application for the adjournment of the winding up application is refused. 2. Neo Rock Pty Ltd ACN 110 874 283 be wound up in insolvency pursuant to the provisions of the Corporations Act 2001 (Cth). 3. Andrew Fielding, an official liquidator, be appointed liquidator of the company. 4. The Plaintiff's costs be fixed in the sum of $1122.95 and reimbursed in accordance with s 466(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.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD311 of 2008
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff
AND: NEO ROCK PTY LTD ACN 110 874 283
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