Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Westend Asset Pty Ltd [2013] FCA 1140 Citation: Deputy Commissioner of Taxation v Westend Asset Pty Ltd [2013] FCA 1140
Parties: DEPUTY COMMISSIONER OF TAXATION v WESTEND ASSET PTY LTD (ACN 106 132 790) and MAMMOTH NOMINEES PTY LTD (ACN 101 717 177)
File number: WAD 72 of 2013
Judge: MCKERRACHER J
Date of judgment: 1 November 2013
Catchwords: CORPORATIONS – winding up – interlocutory application for adjournment of winding up application – whether the Court is satisfied that it would be in the interests of creditors to adjourn the winding up application - deed of company arrangement – whether interlocutory applicant seeking an adjournment of the winding up application in fact a debtor or a creditor – consideration of factors relevant to exercise of discretion to grant an adjournment under s 440A(2) of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) s 440A(2)
Cases cited: Creevey v Deputy Commissioner of Taxation (1996) 19 ACSR 456 Global Foods Group Pty Limited v Limar International Pty Limited, in the matter of Limar International Pty Limited (administrator appointed) [2013] FCA 521 Weriton Finance Pty Ltd v PNR Pty Ltd (in admin) (2012) 92 ACSR 88 Westend Asset Pty Ltd v Deputy Commissioner of Taxation [2012] FCA 1374 Westend Asset Pty Ltd v Deputy Commissioner of Taxation [2013] FCA 538
Date of hearing: 25 October 2013
Place: Perth
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