Deputy Commissioner of Taxation v Property Builders (Constructions) Pty Limited [2011] FCA 1221

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Property Builders (Constructions) Pty Limited [2011] FCA 1221 Citation: Deputy Commissioner of Taxation v Property Builders (Constructions) Pty Limited [2011] FCA 1221

Parties: DEPUTY COMMISSIONER OF TAXATION v PROPERTY BUILDERS (CONSTRUCTIONS) PTY LIMITED ACN 089 023 423

File number(s): NSD 1011 of 2011

Judge: JAGOT J

Date of judgment: 20 October 2011

Catchwords: DISCOVERY – application for general discovery – where plaintiff allegedly gave implied undertaking not to commence proceedings – where documents specifically sought to be discovered not relevant to substantive application for winding up of defendant company

Legislation: Federal Court Rules 2011 Rule 20.13

Date of hearing: 20 October 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 8

Solicitor for the Plaintiff: Mr J Ferguson of the ATO Legal Services Branch

Counsel for the Defendant: Mr R Freeman

Solicitor for the Defendant: Phontos Legal

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1011 of 2011

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: PROPERTY BUILDERS (CONSTRUCTIONS) PTY LIMITED ACN 089 023 423

Defendant

JUDGE: JAGOT J DATE OF ORDER: 20 OCTOBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The interlocutory application filed 4 October 2011 be dismissed. 2. The costs of the plaintiff in respect of the interlocutory application be paid out of the assets of the defendant, such costs to be fixed in the amount of $300. 3. The matter be listed before a Registrar today or on such date as may be notified to the parties. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.