Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Resort Huntervalley Pty Limited v Commissioner of Taxation [2009] FCA 301
RESORT HUNTERVALLEY PTY LIMITED ACN 58 098 802 665 and HIGH TRADE COMPANY PTY LIMITED ACN 46 003 983 104 v COMMISSIONER OF TAXATION
NSD 206 of 2009
FOSTER J
30 MARCH 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 206 of 2009
BETWEEN: RESORT HUNTERVALLEY PTY LIMITED ACN 58 098 802 665
First Applicant
HIGH TRADE COMPANY PTY LIMITED ACN 46 003 983 104
Second Applicant
AND: COMMISSIONER OF TAXATION
Respondent
JUDGE: FOSTER J
DATE OF ORDER: 30 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondent be immediately released from the undertaking given by him to the Court on 13 March 2009 that, up to and including 4.00 pm on 24 March 2009, he would refrain from serving any statutory demand and would also refrain from giving any further notice under s 260-5 of Schedule 1 to the Taxation Administration Act 1953 (Cth) in respect of either applicant, which undertaking was subsequently renewed and extended from 4.00 pm on 24 March 2009 to 4.00 pm on 31 March 2009. 2. Leave be granted to Ms Joanne McCarthy to file in Court a Notice of Motion and affidavit sworn by her on 30 March 2009. 3. The said Notice of Motion be made returnable instanter. 4. Leave be granted to Ms McCarthy to inspect the affidavit of Keith Thomas Swan sworn on 13 March 2009 (with the exception of Exhibits KS‑1, KS‑2 and KS‑3 thereto) and the affidavit of Martin Paul Caplice sworn on 13 March 2009 and to obtain one photocopy of each such affidavit upon Ms McCarthy giving an undertaking to the Court that she will pay the appropriate photocopying costs. 5. The proceedings be adjourned to 10.15 am on 31 March 2009 before Foster J. 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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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