Emergen-X Pty Limited (in liquidation) (ACN 114 579 510), in the matter of Emergen-X Pty Limited (in liquidation) (ACN 114 579 510) [2010] FCA 487

FEDERAL COURT OF AUSTRALIA

Emergen-X Pty Limited (in liquidation) (ACN 114 579 510), in the matter of Emergen-X Pty Limited (in liquidation) (ACN 114 579 510) [2010] FCA 487 Citation: Emergen-X Pty Limited (in liquidation) (ACN 114 579 510), in the matter of Emergen-X Pty Limited (in liquidation) (ACN 114 579 510) [2010] FCA 487

Parties: SPECIALIST PATHOLOGY SERVICES PTY LIMITED ACN 126 594 616 v EMERGEN-X PTY LIMITED (IN LIQUIDATION) ACN 114 579 510

File number(s): NSD 481 of 2010

Judge: JACOBSON J

Date of judgment: 13 May 2010

Catchwords: CORPORATIONS – application for order under s 509(6) of the Corporations Act 2001 (Cth) ("the Act") that ASIC deregister the company prior to the fixed 3 month period – application made within 3 month period referred to in s 509(5) of the Act – application made to prevent the company from losing the benefit of tax concessions - considerations relevant to the exercise of the discretion

Legislation: Corporations Act 2001 (Cth) ss 509, 601AC Income Tax Assessment Act 1997 (Cth)

Cases cited: Re Rosaub Pty Ltd (in liq) (2005) 54 ACSR 371 referred to Programmed Maintenance Services Ltd v Ranelagh House Pty Ltd (In Liquidation) [2008] FCA 1974 referred to John Birch & Co. Limited v The Patent Cork Asphalt Co. Limited (1894) 20 VLR 471 discussed John Birch & Co. Limited v The Patent Cork Asphalt Co. Limited (1985) 21 VLR 268 discussed Re SC Aust (in liq) & SC Equipment (in liq) [1999] NSWSC 176 discussed Re Avram Investments Pty Limited (No 2) (1992) 10 ACLC 1,747 followed CSR Limited, in the matter of CSR Limited [2010] FCAFC 34 referred to