Deputy Commissioner of Taxation v Camelot Units Pty Ltd [2014] FCA 961

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Camelot Units Pty Ltd [2014] FCA 961 Citation: Deputy Commissioner of Taxation v Camelot Units Pty Ltd [2014] FCA 961

Parties: DEPUTY COMMISSIONER OF TAXATION v CAMELOT UNITS PTY LTD ACN 000 232 379

File number: NSD 6 of 2014

Judge: GRIFFITHS J

Date of judgment: 4 September 2014

Catchwords: COSTS – originating process seeking order that defendant be wound up in insolvency – dismissal by consent – order as to costs – whether solvency of defendant apparent in statements of financial position annexed to affidavit – whether plaintiff used proceeding for purposes of debt recovery.

Legislation: Corporations Act 2001 (Cth)

Date of hearing: 4 September 2014

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12

Counsel for the plaintiff: Mr K Metlej

Solicitor for the plaintiff: Craddock Murray Neumann Lawyers

Counsel for the defendant: Mr P Wallis

Solicitor for the defendant: Konstan Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 6 of 2014

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Plaintiff

AND: CAMELOT UNITS PTY LTD ACN 000 232 379

Defendant

JUDGE: GRIFFITHS J DATE OF ORDER: 4 SEPTEMBER 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The originating process be dismissed. 2. The defendant pay the plaintiff's costs up to and including 6 March 2014, but from that date thereafter, the parties should each bear their own costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.