Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Impress Enterprises Pty Ltd [2013] FCA 1126 Citation: Deputy Commissioner of Taxation v Impress Enterprises Pty Ltd [2013] FCA 1126
Parties: DEPUTY COMMISSIONER OF TAXATION v IMPRESS ENTERPRISES PTY LTD
File number: QUD 582 of 2013
Judge: LOGAN J
Date of judgment: 25 October 2013
Catchwords: CORPORATIONS – winding up – application for winding up in insolvency – failure to comply with the terms of a statutory demand – winding up not opposed – choice of liquidator – controversy as to whether voluntary administrators should be appointed as liquidators of the company or whether another official liquidator should be appointed – where administrators had done substantial work – whether independence of administrators compromised by past associations
Legislation: Corporations Act 2001 (Cth) ss 9, 439A, 459P, 466, 532(2)(c)(i)
Cases cited: Deputy Commissioner of Taxation v R & J Percy Pty Ltd [2011] FCA 1266 considered Glenwood Village Pty Ltd v Glen Alpine Constructions Pty Ltd [2009] NSWSC 516 cited Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 380 cited
Date of hearing: 25 October 2013
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 22
Solicitors for the Applicant: JHK Legal
Solicitors for the Respondent: Gadens
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 582 of 2013
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
AND: IMPRESS ENTERPRISES PTY LTD
Respondent
JUDGE: LOGAN J DATE OF ORDER: 25 OCTOBER 2013 WHERE MADE: BRISBANE
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