Deputy Commissioner of Taxation v Atsikbasis Nominees Pty Ltd [2014] FCA 497

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Atsikbasis Nominees Pty Ltd [2014] FCA 497 Citation: Deputy Commissioner of Taxation v Atsikbasis Nominees Pty Ltd [2014] FCA 497

Parties: DEPUTY COMMISSIONER OF TAXATION v ATSIKBASIS NOMINEES PTY LTD ACN 007 769 557

File number: SAD 140 of 2010

Judge: BESANKO J

Date of judgment: 16 May 2014

Catchwords: CORPORATIONS – application to terminate winding up of defendant company – whether application can be made by company itself – where no objectors and liquidator consents to termination of winding up – where no remaining creditors – whether matters of public or commercial morality which suggest the winding up should not be terminated – where no evidence to suggest directors cannot manage the company – where nothing to prevent directors from establishing new company – application to reinstate officers of defendant company – whether general meeting of members to be convened to elect directors of the company – where family company. Held: Application allowed. Orders made to join director as applicant on the application. Orders made to terminate winding up and reinstate officers of the defendant company.

Legislation: Corporations Act 2001 (Cth) s 482

Cases cited: Gyrro Pty Ltd v Deputy Commissioner of Taxation [2009] FCA 1477 In re Kitchen Dimensions Pty Ltd (in liq) [2012] VSC 280 In the matter of 311 Hume Highway Liverpool Fund Pty Limited (in liquidation) (2013) 93 ACSR 683 LL Nominees Pty Ltd, in the matter of LL Nominees Pty Ltd [2009] FCA 1144 Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) (No 4) [2013] FCA 1148 Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) (No 5) [2013] FCA 1214