Deputy Commissioner of Taxation v Double Kaye Pty Ltd [2011] FCA 111

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Double Kaye Pty Ltd [2011] FCA 111 Citation: Deputy Commissioner of Taxation v Double Kaye Pty Ltd [2011] FCA 111

Parties: DEPUTY COMMISSIONER OF TAXATION v DOUBLE KAYE PTY LTD ACN 110 001 315

File number: SAD 199 of 2010

Judge: LANDER J

Date of judgment: 9 February 2011

Legislation: Corporations Act 2001 (Cth) ss 440A(2), 482 Federal Court Rules O 35 r 7

Date of hearing: 9 February 2011

Place: Adelaide

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 8

Counsel for the Plaintiff: Mr R J Lindquist

Solicitor for the Plaintiff: Hunt & Hunt Adelaide

Counsel for the Defendant: Mr D A Starke

Solicitor for the Defendant: Starke Lawyers

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 199 of 2010

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: DOUBLE KAYE PTY LTD ACN 110 001 315

Defendant

JUDGE: LANDER J DATE OF ORDER: 9 FEBRUARY 2011 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The orders made by Registrar Christie on 2 February 2011 be set aside. 2. David Ashley Starke pay the plaintiff's costs thrown away by reason of the plaintiff's attendance before the Registrar on 2 February 2010 and the costs of this application. 3. David Ashley Starke pay the liquidator's expenses occasioned by the liquidator's appointment pursuant to the orders of Registrar Christie on 2 February 2011. 4. The proceeding be remitted to the Registrar for the hearing of the application for winding up under s 459P of the Corporations Act 2011 (Cth). 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 Federal Law Search on the Court's website.