Deputy Commissioner of Taxation v Interactive Printer Solutions Pty Ltd [2017] FCA 438

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Interactive Printer Solutions Pty Ltd [2017] FCA 438 File number: VID 1054 of 2016

Judge: DAVIES J

Date of judgment: 5 April 2017

Catchwords: CORPORATIONS – application for an adjournment of the application for winding up of the company on the ground of insolvency

Legislation: Corporations Act 2001 (Cth), ss 459A, 459P

Cases cited: Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd [2007] NSWCA 57; (2007) 69 NSWLR 374 Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd [2011] HCA 18; (2010) 244 CLR 1 Fortuna Holdings v Deputy Commissioner of Taxation [1978] VR 83

Date of hearing: 5 April 2017

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 10

Solicitor for the Plaintiff: Mr K Metlej of Craddock Murray Neumann Lawyers

Counsel for the Defendant: Mr J Evans QC

Solicitor for the Defendant: Mills Oakley

Solicitor for an Interested Person: Ms P Hettiarachchi of the State Revenue Office

ORDERS VID 1054 of 2016

BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff

AND: INTERACTIVE PRINTER SOLUTIONS PTY LTD ACN 162 757 002 Defendant

JUDGE: DAVIES J DATE OF ORDER: 5 APRIL 2017

THE COURT ORDERS THAT:

1. Interactive Printer Solutions Pty Ltd be wound up in insolvency under the provisions of the Corporations Act 2001 (Cth). 2. Robert Scott Woods of Deloitte, official liquidator, be appointed the liquidator of the defendant. 3. The plaintiff's costs of these proceedings be taxed and paid out of the assets of the defendant in accordance with the Corporations Act 2001 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.