Deputy Commissioner of Taxation v WPS Motorsport Pty Limited [2009] FCA 476

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v WPS Motorsport Pty Limited [2009] FCA 476 CORPORATIONS — Application to wind-up corporation in insolvency and appoint official liquidator — Failure to comply with a statutory demand — Company not in administration at time of application — Administrator appointed on day prior to hearing of winding up application — Whether court satisfied that it was in the interests of creditors to continue in administration rather than to wind-up the corporation — Where winding up application should be adjourned — Court not satisfied adjournment of winding up application in the interests of creditors or otherwise warranted — Order that company be wound up in insolvency

STATUTES — Corporations Act 2001 (Cth) ss 9, 436A, 440A, 513A, 513C

Corporations Act 2001 (Cth) ss 9, 436A, 440A, 513A, 513C Australian Securities and Investments Commission, in the matter of Storm Financial Limited (Receivers and Managers Appointed) (Administrators Appointed) v Storm Financial Limited (Receivers and Managers Appointed) (Administrators Appointed) [2009] FCA 269 Creevey and Another v Deputy Commissioner of Taxation (1996) 19 ACSR 456 Deputy Commissioner of Taxation, in the matter of KJ Consulting Pty Limited (Administrators Appointed) (ACN 081 729 768) v KJ Consulting Pty Limited (Administrators Appointed) (ACN 081 729 768) [2005] FCA 1827 Re Octaviar Limited (formerly MFS Limited) [2008] QSC 216 TCS Management Proprietary Limited v CTTI Solutions Proprietary Limited [2001] NSWSC 830 DEPUTY COMMISSIONER OF TAXATION v WPS MOTORSPORT PTY LIMITED ACN 107 091 734

QUD87 of 2009

LOGAN J

6 MAY 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD87 of 2009

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: WPS MOTORSPORT PTY LIMITED ACN 107 091 734