Deputy Commissioner of Taxation v EFX Advisory Pty Ltd [2019] FCA 1885

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v EFX Advisory Pty Ltd [2019] FCA 1885 File number: NSD 1452 of 2019

Judge: JAGOT J

Date of judgment: 12 November 2019

Catchwords: CORPORATIONS – application to terminate winding up of company – circumstances where the liquidator does not consent nor oppose the orders sought – Corporations Act 2001 (Cth) s 483(1) – application allowed.

Legislation: Corporations Act 2001 (Cth) s 482(1)

Cases cited: Judson, in the matter of Maneroo Pty Ltd (in liq) [2015] FCA 783

Date of hearing: 12 November 2019

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 5

Counsel for the Plaintiff Mr D Olthof

Solicitor for the Plaintiff Hunt & Hunt

Counsel for the Applicant Mr M Klooster

Solicitor for the Applicant HP Legal Pty Ltd

Counsel for the Defendant Mr D Mitchell

ORDERS NSD 1452 of 2019

BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff

TYSON CARTILLA-HAO Applicant AND: EFX ADVISORY PTY LTD (ACN 612 286 825) Defendant

JUDGE: JAGOT J DATE OF ORDER: 12 NOVEMBER 2019

THE COURT ORDERS THAT:

1. On condition that the Cheque is honoured upon presentation, pursuant to section 482(1) of the Corporations Act 2001 (Cth), the winding up of the Defendant be terminated from the date of this Order. 2. In the event that the Cheque is dishonoured, the Plaintiff have liberty to apply on 3 days' notice. 3. The Applicant pay the Plaintiff's costs of the Interlocutory Process filed on 11 November 2019 fixed in the amount of $2,000.00. 4. The Applicant notify ASIC of these Orders forthwith. 5. Leave is granted to ASIC to apply for the setting aside or variation of these Orders made within 14 days of its' notification. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.