Deputy Commissioner of Taxation v Polcarp Pty Ltd [2011] FCA 1142

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Polcarp Pty Ltd [2011] FCA 1142 Citation: Deputy Commissioner of Taxation v Polcarp Pty Ltd [2011] FCA 1142

Parties: DEPUTY COMMISSIONER OF TAXATION v POLCARP PTY LTD

File number: NSD 824 of 2011

Judge: PERRAM J

Date of judgment: 29 September 2011

Catchwords: CORPORATIONS – Winding Up – Application to adjourn winding up – Corporations Act 2001 (Cth) s440A

Legislation: Corporations Act 2001 (Cth) ss 440A, 467

Cases cited: Creevey v Deputy Commissioner of Taxation (1996) 32 ATR 632 cited Deputy Commissioner of Taxation v Bradley Keeling Management (2003) 44 ACSR 377 cited

Date of hearing: 29 September 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 24

Solicitor for the Plaintiff: Mr C Bavin of Hunt & Hunt

Counsel for the Defendant: Mr JT Johnson

Solicitor for the Defendant: Beazley Singleton Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 824 of 2011

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: POLCARP PTY LTD

Defendant

JUDGE: PERRAM J DATE OF ORDER: 29 SEPTEMBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The orders of the District Registrar given on 29 September 2011 be set aside. 2. In lieu thereof, the proceedings be adjourned to Wednesday 5 October 2011 at 2:15pm before the District Registrar. 3. There be no order as to costs, whether before the District Registrar or Perram J. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.