Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Advant Pty Ltd (Administrators Appointed) [2017] FCA 1123 File number: VID 11 of 2015
Judge: MARKOVIC J
Date of judgment: 20 September 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – application for adjournment of an application for winding up of company in administration – where adjournment sought to allow administrators to conduct second meeting of creditors – where proposed deed of company arrangement (DOCA) to be put to creditors – where administrators consider DOCA to be in the best interests of creditors – where major unsecured creditor opposes adjournment application – whether in the interests of creditors that the company continue under administration – application allowed
Legislation: Corporations Act 2001 (Cth) s 440A(2)
Cases cited: Creevey v Deputy Commissioner of Taxation (1996) 19 ACSR 456 Deputy Commissioner of Taxation v Allodium Holdings Pty Ltd [2006] FCA 830 Deputy Commissioner of Taxation v Alternative Business Solutions (Aust) Pty Ltd (Administrators Appointed) (2006) 24 ACLC 435; [2006] FCA 400 Re First Netcom Pty Ltd; Deputy Commissioner of Taxation v First Netcom Pty Ltd (2000) 35 ACSR 615; [2000] NSWSC 1045 Sunstate Orchards Pty Ltd v Citrus Queensland Pty Ltd [2009] FCA 452
Date of hearing: 20 September 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 42
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