Deputy Commissioner of Taxation v VFS Employment Services Pty Ltd, in the matter of VFS Employment Services Pty Ltd [2016] FCA 1054

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v VFS Employment Services Pty Ltd, in the matter of VFS Employment Services Pty Ltd [2016] FCA 1054 File number: VID 939 of 2016

Judge: BEACH J

Date of judgment: 30 August 2016

Catchwords: CORPORATIONS – winding up – whether leave should be granted nunc pro tunc to allow voluntary winding up of company – s 490(1) of Corporations Act 2001 (Cth) – application granted

Legislation: Corporations Act 2001 (Cth) s 490(1)

Cases cited: Shaw, in the matter of B & V Lynch Pty Ltd v B & V Lynch Pty Ltd [2015] FCA 908

Date of hearing: 30 August 2016

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 18

Solicitor for the Plaintiff: Ms M Daley of Craddock Murray Neumann Lawyers

Counsel for the Defendant: Mr C Brown

Solicitor for the Defendant: Logie-Smith Lanyon Lawyers

ORDERS VID 939 of 2016 IN THE MATTER OF VFS EMPLOYMENT SERVICES PTY LTD (ACN 165 915 266) BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff

AND: VFS EMPLOYMENT SERVICES PTY LTD (ACN 165 915 266) Defendant

JUDGE: BEACH J DATE OF ORDER: 30 AUGUST 2016

THE COURT ORDERS THAT:

1. The Defendant is granted leave nunc pro tunc pursuant to s 490(1) of the Corporations Act 2001 (Cth) for the Defendant to be wound up voluntarily on 17 August 2016 and Richard John Cauchi and Michael Carrafa to be appointed joint and several liquidators of the Defendant on and from that date. 2. The Plaintiff's costs fixed in the sum of $2,600.05 be costs in the winding up and have priority as if they were costs of the Plaintiff on an application on which the Defendant was wound up. 3. The Defendant's costs of the interlocutory process be costs in the winding up of the Defendant. 4. The Plaintiff's originating process filed 11 August 2016 be otherwise dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.