Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v JJ & Son Pty Ltd [2013] FCA 556 Citation: Deputy Commissioner of Taxation v JJ & Son Pty Ltd [2013] FCA 556
Parties: DEPUTY COMMISSIONER OF TAXATION v JJ & SON PTY LTD
File number: QUD 161 of 2013
Judge: DOWSETT J
Date of judgment: 8 May 2013
Date of hearing: 8 May 2013
Place: Brisbane
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 4
Solicitor for the Applicant: ATO Legal Services Branch
Counsel for the Respondent: Mr JJ Jones, appeared on behalf of the Applicant
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 161 of 2013
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
AND: JJ & SON PTY LTD
Respondent
JUDGE: DOWSETT J DATE OF ORDER: 8 MAY 2013 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
Upon John Joseph Jones ("Mr Jones") undertaking to the Court that he will personally pay such debts of the company JJ & Son Pty Ltd ACN 099 787 032 (the "company") as would be provable in the current winding-up of that company and as are notified to him by the liquidator, within 28 days of any such notification; THE COURT ORDERS THAT: 1. John Joseph Jones be joined as an applicant on this interlocutory application. 2. The company and Mr Jones have approval nunc pro tunc pursuant to s 471A(1A)(d) of the Corporations Act 2001 (Cth) (the "Act") to make this interlocutory application. 3. The liquidator be entitled to remuneration fixed in the sum of $13,257.36 inclusive of GST, pursuant to s 473(3)(b)(ii) of the Act. 4. The order winding up the company made on 19 April 2013 be set aside pursuant to r39.05 of the Federal Court Rules 2011. 5. Mr Jones pay the liquidator's costs of and incidental to this application, such costs to be taxed. 6. The application to wind up the company filed on 19 March 2013 be dismissed. 7. The parties and any other creditor have liberty to apply as they may be advised, on two days' notice to the other parties. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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