Deputy Commissioner of Taxation v Dlthai Pty Limited; In the Matter of Dlthai Pty Limited [2016] FCA 247

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Dlthai Pty Limited; In the Matter of Dlthai Pty Limited [2016] FCA 247 File number: NSD 1298 of 2015

Judge: FOSTER J

Date of judgment: 1 March 2016

Catchwords: CORPORATIONS – whether the Court should order that the winding up of a corporation be stayed or terminated

Legislation: Corporations Act 2001 (Cth), s 482(1) Federal Court Rules 2011, r 40.2(b)

Cases cited: Doolan, in the matter of MIH Company Pty Ltd (in liq) [2015] FCA 1130 Judson, in the matter of Maneroo Pty Ltd (in liq) [2015] FCA 783

Date of hearing: 1 March 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 20

Counsel for the Plaintiff: Mr M Abood of Australian Government Solicitor

Counsel for the Applicant: Mr WR Chan

Solicitor for the Applicant: Selective Lawyers

ORDERS NSD 1298 of 2015 IN THE MATTER OF DLTHAI PTY LIMITED (ACN 143 575 713) BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff

AND: DLTHAI PTY LIMITED (ACN 143 575 713) Defendant

JUDGE: FOSTER J DATE OF ORDER: 1 MARCH 2016

THE COURT ORDERS THAT:

1. Pursuant to s 482(1) of the Corporations Act 2001 (Cth), the winding up of the defendant ordered by the Court on 9 December 2015 be terminated as at 10.00 am on 1 March 2016. 2. Pursuant to r 40.2(b) of the Federal Court Rules 2011, Tu Du Thai, the applicant in the Interlocutory Process filed on 11 February 2016, pay the costs of the Deputy Commissioner of Taxation of and incidental to the said Interlocutory Process in the lump sum amount of $1,650 inclusive of GST. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.