Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v BE100 Property Investments Pty Ltd [2016] FCA 597 File number(s): QUD 175 of 2016
Judge(s): GREENWOOD J
Date of judgment: 26 May 2016
Catchwords: CORPORATIONS – consideration of an application in relation to the question of whether a deed of company arrangement terminated according to its terms having regard to s 445C(c) of the Corporations Act 2001 (Cth) and s 445FA of that Act – consideration of whether the administrator ought to pay the costs of and incidental to the proceedings on the contended footing that the administrator failed to act appropriately in lodging a notice under s 445FA of the Act with the Australian Securities and Investments Commission
Legislation: Corporations Act 2001 (Cth), ss 445C and 445FA
Cases cited: Kirwan v Cresvale Far East Ltd (in liq) and Others (2002) 44 ACSR 21 Re Biposo Pty Ltd: Condon v Rodgers (1995) 17 ACSR 730
Date of hearing: 18 May 2016
Date of last submissions: 18 May 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 85
Counsel for the Applicant: Mr V G Brennan
Solicitor for the Applicant: ATO Review and Dispute Resolution
Counsel for the Respondent: Mr D de Jersey
Solicitor for the Respondent: Barry Nilsson
ORDERS QUD 175 of 2016
BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff/Applicant
AND: BE100 PROPERTY INVESTMENTS PTY LTD ACN 146 639 554 (and others named in the Schedule) Defendant/Respondent
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