Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Thembe Pty Limited (ACN 120 389 371) [2009] FCA 602
Corporations Act 2001 (Cth) DEPUTY COMMISSIONER OF TAXATION v THEMBE PTY LIMITED (ACN 120 389 371)
NSD 1666 of 2008 DEPUTY COMMISSIONER OF TAXATION v KIRKOSWALD INVESTMENTS PTY LTD (ACN 123 922 332) NSD 1667 OF 2008
EMMETT J
1 MAY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1666 of 2008
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff
AND: THEMBE PTY LIMITED (ACN 120 389 371)
Defendant
JUDGE: EMMETT J
DATE OF ORDER: 1 MAY 2009
WHERE MADE: SYDNEY
THE COURT GRANTS LEAVE:
1. To the Plaintiff to file the Affidavit of Gregory Phillips sworn 1 May 2009 in Court. THE COURT DIRECTS THAT: 2. The Defendant file and serve any affidavits on which it intends to rely no later than 7 May 2009. 3. The Plaintiff file and serve any additional affidavits on which it intends to rely no later than 12 May 2009. THE COURT ORDERS THAT: 4. Pursuant to s 459(2) of the Corporations Act 2001 (Cth), the period for determination of the application for the winding up of the Defendant in insolvency be extended up to and including 15 May 2009. 5. The proceeding be listed for hearing on 15 May 2009 before the Registrar. 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
NEW SOUTH WALES DISTRICT REGISTRY NSD 1667 of 2008
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff
AND: KIRKOSWALD INVESTMENTS PTY LTD (ACN 123 922 332)
Defendant
JUDGE: EMMETT J
DATE OF ORDER: 1 MAY 2009
WHERE MADE: SYDNEY
THE COURT GRANTS LEAVE:
1. To the Plaintiff to file the Affidavit of Gregory Phillips sworn 1 May 2009 in Court. THE COURT DIRECTS THAT: 2. The Defendant file and serve any affidavits on which it intends to rely no later than 7 May 2009. 3. The Plaintiff file and serve any additional affidavits on which it intends to rely no later than 12 May 2009. THE COURT ORDERS THAT: 4. Pursuant to s 459(2) of the Corporations Act 2001 (Cth), the period for determination of the application for the winding up of the Defendant in insolvency be extended up to and including 15 May 2009. 5. The proceeding be listed for hearing on 15 May 2009 before the Registrar. 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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