Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of State Revenue v He To Be Pty Ltd [2020] FCA 189 File number: WAD 582 of 2019
Judge: BANKS-SMITH J
Date of judgment: 24 February 2020
Catchwords: CORPORATIONS - winding up - application for termination under s 482 Corporations Act 2001 (Cth) - where winding up order followed non-compliance with statutory demand - where directors assert demand not received - where debt to plaintiff paid - where no other unpaid creditors - where order not opposed - order granted
Legislation: Corporations Act 2001 (Cth) ss 198G, 482
Cases cited: Judson, in the matter of Maneroo Pty Ltd (in liq) [2015] FCA 783 Re Living Creatively Exhibitions Pty Ltd (in liq) (subject to a deed of company arrangement) [2013] NSWSC 717 Vero Workers Compensation (NSW) Ltd v Ferretti [2006] NSWSC 292
Date of hearing: 24 February 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 25
Counsel for the Plaintiff: Mr LW Geddes
Solicitor for the Plaintiff: State Solicitors Office, Western Australia
Counsel for the Defendant: Ms EC Hensler
Solicitor for the Defendant: Benz Legal
Counsel for the Liquidators: Mr LD Ayres
Solicitor for the Liquidators: HopgoodGanim
ORDERS WAD 582 of 2019
BETWEEN: COMMISSIONER OF STATE REVENUE Plaintiff
AND: HE TO BE PTY LTD (ACN 089 909 179) Defendant
JUDGE: BANKS-SMITH J DATE OF ORDER: 24 FEBRUARY 2020
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