Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Victory Solutions Pty Ltd [2010] FCA 491 Citation: Deputy Commissioner of Taxation v Victory Solutions Pty Ltd [2010] FCA 491
Parties: DEPUTY COMMISSIONER OF TAXATION v VICTORY SOLUTIONS PTY LTD ACN 123 766 049
File number: QUD 97 of 2010
Judge: LOGAN J
Date of judgment: 14 May 2010
Catchwords: CORPORATIONS – Application to wind up company in insolvency – Failure to comply with statutory demand – Company in voluntary administration – Administrators appointed after winding up application filed – Whether Court satisfied it was in interests of creditors to continue the administration rather than to wind up the company – Whether winding up application should be adjourned Held: Court satisfied adjournment is in interests of creditors – Opportunity should be given to approve Deed of Company Arrangement
Legislation: Corporations Act 2001 (Cth) s 440A(2)
Cases cited: Deputy Commissioner of Taxation v WPS Motorsport Pty Ltd (2009) 71 ACSR 640 considered
Date of hearing: 14 May 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Solicitor for the Plaintiff: A member of the Australian Taxation Office, appearing pursuant to the Taxation Administration Act 1953 (Cth)
Counsel for the Defendant: Mr M Martin
Solicitor for the Defendant: Redchip Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 97 of 2010
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff
AND: VICTORY SOLUTIONS PTY LTD ACN 123 766 049
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