Deputy Commissioner of Taxation v TMPL Pty Ltd (subject to a Deed of Company Arrangement) (No 2) [2011] FCA 525

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v TMPL Pty Ltd (subject to a Deed of Company Arrangement) (No 2) [2011] FCA 525 Citation: Deputy Commissioner of Taxation v TMPL Pty Ltd (subject to a Deed of Company Arrangement) (No 2) [2011] FCA 525

Parties: DEPUTY COMMISSIONER OF TAXATION v TMPL PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 064 227 505, ANTONY DE VRIES and DAVID SOLOMONS

File number: NSD 1034 of 2009

Judge: PERRAM J

Date of judgment: 10 May 2011

Catchwords: PRACTICE AND PROCEDURE – Pleadings – statement of claim – application to amend

Legislation: Corporations Act 2001 (Cth) Corporations Regulations 2001 (Cth)

Date of hearing: 10 May 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 22

Counsel for the Plaintiff: Mr M L Brabazon SC with Ms J E Richards

Solicitor for the Plaintiff: Australian Taxation Office

Counsel for the Defendants: Mr M J Stevens

Solicitor for the Defendants: Somerset Ryckmans

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1034 of 2009

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: TMPL PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 064 227 505

First Defendant

ANTONY DE VRIES

Second Defendant

DAVID SOLOMONS

Third Defendant

JUDGE: PERRAM J DATE OF ORDER: 10 MAY 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the Plaintiff to file and serve an Amended Statement of Claim by 4 pm on 11 May 2011. 2. The Plaintiff pay the Defendants' costs thrown away by reason of the amendments, including the Defendants' costs on the motion. 3. The Defendants file and serve any Further Amended Defence by 5pm on 17 May 2011. 4. The Defendants file and serve any further evidence in relation to the new allegations contained in the Plaintiff's Amended Statement of Claim by 5pm on 26 May 2011 ("the further evidence"). 5. The parties file and exchange written outlines of submissions by 5pm on 26 May 2011. 6. The parties exchange any objections to evidence by 5pm on 26 May 2011. 7. The Plaintiff file and serve any written submissions on the further evidence by 2 June 2011. 8. The Plaintiff serve any objections to the further evidence by 2 June 2011. 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.