Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spencer v Neo Rock Pty Ltd ACN 110 874 283 (In Liquidation) [2009] FCA 845
PRACTICE AND PROCEDURE – consideration of an application for leave pursuant to s 471A of the Corporations Act 2001 (Cth) for leave to act as a director for the purpose of making an application for leave to appeal from an order for the winding up of a company of which the applicant was a director – consideration of an application for leave to appeal from orders of the primary judge TAXATION AND REVENUE – consideration of an application for leave to appeal from orders of the primary judge for the winding up of a company – consideration of the application of s 459S of the Corporations Act 2001 (Cth)
Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 - cited Grant Thornton Services (NSW) Pty Limited v St. George Wholesale Distributors Pty Limited [2008] FCA 1777 - cited HVAC Construction (QLD) Pty Ltd v Energy Equipment Engineering Pty Ltd [2002] 44 ACSR 169 - cited Web Wealth Pty Ltd v Helimount Pty Ltd [2006] FCA 1376 - cited Deputy Commissioner of Taxation v Neo Rock Pty Ltd [2009] FCA 129 – cited and quoted MICHAEL JOHN SPENCER v NEO ROCK PTY LTD ACN 110 874 283 (IN LIQUIDATION) and DEPUTY COMMISSIONER OF TAXATION
QUD 156 of 2009
GREENWOOD J
3 AUGUST 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 156 of 2009
BETWEEN: MICHAEL JOHN SPENCER
Applicant
AND: NEO ROCK PTY LTD ACN 110 874 283 (IN LIQUIDATION)
First Respondent
DEPUTY COMMISSIONER OF TAXATION
Second Respondent
JUDGE: GREENWOOD J
DATE OF ORDER: 3 AUGUST 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicant shall pay the costs of the second respondent of and incidental to the application. 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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