Deputy Commissioner of Taxation v Lease-Wright Pty Ltd [2012] FCA 1281

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Lease-Wright Pty Ltd [2012] FCA 1281 Citation: Deputy Commissioner of Taxation v Lease-Wright Pty Ltd [2012] FCA 1281

Parties: DEPUTY COMMISSIONER OF TAXATION v LEASE-WRIGHT PTY LTD ACN 010 230 074

File number(s): QUD 580 of 2011

Judge: GREENWOOD J

Date of judgment: 19 November 2012

Catchwords: BANKRUPTCY AND INSOLVENCY – consideration of an application to wind up a company under administration

Legislation: Corporations Act 2001 (Cth), ss 459P, 466(2), 440A

Cases cited: Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 - cited

Date of hearing: 16 November 2012

Date of last submissions: 16 November 2012

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 26

Solicitor for the Plaintiff: M J Broderick, Gadens Lawyers

Solicitor for the Defendant: W T Fitzgerald, JHK Legal

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 580 of 2011

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: LEASE-WRIGHT PTY LTD ACN 010 230 074

Defendant

JUDGE: GREENWOOD J DATE OF ORDER: 19 NOVEMBER 2012 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The defendant, Lease-Wright Pty Ltd ACN 010 230 074, be wound up in insolvency under the provisions of the Corporations Act 2001 (Cth). 2. Andrew Peter Fielding be appointed liquidator of Lease-Wright Pty Ltd ACN 010 230 074 . 3. The plaintiff's costs of and incidental to the application for a winding-up order be taxed and paid out of the property of the defendant in accordance with s 466(2) of the Corporations Act 2001 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011