Deputy Commissioner of Taxation v Debut Developments Pty Ltd [2011] FCA 69

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Debut Developments Pty Ltd [2011] FCA 69 Citation: Deputy Commissioner of Taxation v Debut Developments Pty Ltd [2011] FCA 69

Parties: DEPUTY COMMISSIONER OF TAXATION v DEBUT DEVELOPMENTS PTY LTD ACN 109 601 550

File number: SAD 137 of 2010

Judge: BESANKO J

Date of judgment: 11 February 2011

Catchwords: CORPORATIONS — Application pursuant to O 35 R 7(2)(a) of the Federal Court Rules to set aside winding up order made by Registrar against a company in administration when neither the director and sole shareholder or the administrator attended the hearing — where Registrar was advised that company was in administration and that first creditors' meeting had been held — where failure to attend was the fault of the director or the administrator — where Registrar was advised that no deed of company arrangement had been put forward — where director of company gave evidence of proposed deed of company arrangement at hearing of application to set aside — where application opposed by major creditor — whether appropriate to make an order under s 482(1) and s 482(3) of the Corporations Act 2001 (Cth) ('the Act') HELD: It was not appropriate to make an order under s 482 of the Act because that would not set aside the winding up order. It was appropriate to make an order setting aside the winding up order pursuant to O 35 R 7(2)(a) because it was in the interests of the creditors to have an opportunity to consider the proposed deed of company arrangement.

Legislation: Corporations Act 2001 (Cth ss 435C, 440A, 440D, 482) Federal Court Rules O 35 r 7