Australian Securities and Investments Commission v GDK Financial Solutions Pty Ltd (No 12) [2012] FCA 1035

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v GDK Financial Solutions Pty Ltd (No 12) [2012] FCA 1035 Citation: Australian Securities and Investments Commission v GDK Financial Solutions Pty Ltd (No 12) [2012] FCA 1035

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v GDK FINANCIAL SOLUTIONS PTY LTD (ACN 085 455 311) (AND OTHERS IN ACCORDANCE WITH THE ATTACHED SCHEDULE)

File number: VID 590 of 2006

Judge: DODDS-STREETON J

Date of judgment: 19 September 2012

Catchwords: CORPORATIONS – unregistered managed investment scheme – authorisation of payment of tax liability from receivership account

Date of hearing: Heard on the papers

Date of last submissions: 15 June 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 8

Solicitor for the Mews Receivers: Ashurst

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 590 of 2006

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: GDK FINANCIAL SOLUTIONS PTY LTD (ACN 085 455 311) (AND OTHERS IN ACCORDANCE WITH THE ATTACHED SCHEDULE)

Defendant

JUDGE: DODDS-STREETON J DATE OF ORDER: 19 SEPTEMBER 2012 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Mews Receivers are authorised to draw from the Receivership Account (as defined in paragraph 9(b) of the Orders of the Court dated 13 March 2008) the amount of $272,095.67 on account of income tax owing to the Australian Taxation Office by the Mews Scheme for the financial years ending 30 June 2008, 30 June 2009, 30 June 2010, and 30 June 2011. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.