Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Project Tiling Group Pty Ltd [2017] FCA 208 File number: VID 556 of 2016
Judge: DAVIES J
Date of judgment: 1 March 2017
Catchwords: CORPORATIONS – winding up – application by director under s 482(1) of the Corporations Act 2001 (Cth) to terminate the winding up of the company
Legislation: Corporations Act 2001 (Cth), s 482(1)
Cases cited: George Ward Steel Pty Ltd v Kizkot Pty Ltd (1989) 15 ACLR 464 Turner v Stylewise Security & Glass Pty Ltd (in liquidation) [2015] FCA 518
Date of hearing: 1 March 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: The Applicant on the interlocutory process appeared in person
Counsel for the Liquidators: S D Hay
Solicitor for the Liquidators: HWL Ebsworth Lawyers
ORDERS VID 556 of 2016
BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff
AND: PROJECT TILING GROUP PTY LTD (ACN 600 460 955) Defendant
JUDGE: DAVIES J DATE OF ORDER: 1 march 2017
THE COURT ORDERS THAT:
1. Mr Ali Reza Shafaie's Interlocutory Process filed on 19 July 2017 (the "Interlocutory Process") for the termination of the winding up of Project Tiling Group Pty Ltd (In Liquidation) (the "Company") is dismissed. 2. As to Mr David Mutton and Mr Peter Marsden's costs of the Interlocutory Process: (a) the Court directs that, in the first instance, such costs form part of the costs, charges and expenses of the winding up of the Company pursuant to section 482(4) of the Corporations Act 2001 (Cth) and be paid from the liquidation; and (b) in the event there are insufficient funds in the liquidation of the Company to meet such costs, Mr Ali Reza Shafaie pay such costs (which are to be as agreed or as taxed in default of agreement). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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