Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith in the matter of Actively Zoned Pty Ltd (in liq) [2012] FCA 605 Citation: Smith in the matter of Actively Zoned Pty Ltd (in liq) [2012] FCA 605
Parties: MICHAEL JOHN MORRIS SMITH IN HIS CAPACITY AS LIQUIDATOR OF ACTIVELY ZONED PTY LTD (IN LIQ) ACN 129 752 414; DEPUTY COMMISSIONER OF TAXATION v ACTIVELY ZONED PTY LTD (IN LIQ) ACN 129 752 414
File number: NSD 239 of 2012
Judge: JACOBSON J
Date of judgment: 8 June 2012
Legislation: Corporations Act 2001 (NSW), s 436B
Cases cited: Re Origin Internet Solutions Pty Limited (in liq) [2004] FCA 382
Date of hearing: 8 June 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 7
Solicitor for the Applicant: A Ng of Matthews Folbigg Pty Ltd
Solicitor for the Plaintiff: K Metlej of Craddock Murray Neumann
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 239 of 2012
BETWEEN: MICHAEL JOHN MORRIS SMITH IN HIS CAPACITY AS LIQUIDATOR OF ACTIVELY ZONED PTY LTD (IN LIQ) ACN 129 752 414
Applicant
DEPUTY COMMISSIONER OF TAXATION
Plaintiff
AND: ACTIVELY ZONED PTY LTD (IN LIQ) ACN 129 752 414
Defendant
JUDGE: JACOBSON J DATE OF ORDER: 8 JUNE 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. An order pursuant to s 436B(2) of the Corporations Act 2001 (the Act) that leave be granted for the Applicant to appoint himself as administrator of the defendant, Actively Zoned Pty Ltd (in liq) ACN 129 752 414. 2. An order pursuant to s 447A of the Act that the first meeting of creditors to be held pursuant to s 436E of the Act be dispensed with. 3. The application for the relief sought in paragraph 2 of the interlocutory process be adjourned to 20 July 2012 before the Registrar. 4. The applicant's costs of the application and the hearing be costs of the administration, or in the alternative costs of the winding up. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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