Federal Court of Australia
Federal Court of Australia
Deputy Commissioner of Taxation v Jackson Bell Pty Ltd, in the matter of Jackson Bell Pty Ltd [2023] FCA 916 File number(s): NSD 486 of 2023
Judgment of: HALLEY J
Date of judgment: 4 August 2023
Catchwords: CORPORATIONS – application by sole director, secretary and shareholder of the defendant company (Company) for order under s 482 of the Corporations Act 2001 (Cth) that winding up of the Company be terminated – consideration of factors relevant to whether winding up should be stayed or terminated – application granted
Legislation: Corporations Act 2001 (Cth) s 482, Sch 2, Insolvency Practice Schedule (Corporations) ss 90-15
Cases cited: Brolrik Pty ltd v Sambah Holdings Pty Ltd (2001) 164 FLR 91; [2001] NSWSC 1171 Commissioner of State Revenue (Cth) v He To Be Pty Ltd [2020] FCA 189 Re Glass Recycling Pty Ltd (ACN 001 332 654) [2014] NSWSC 439 Re MWM Sydney Pty Ltd (in liq) [2016] NSWSC 688 Re Warbler Pty Ltd (1982) 6 ACLR 526
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 55
Date of hearing: 4 August 2023
Solicitor for the Plaintiff: Ms S Tong of Mills Oakley
Counsel for the Defendant: Ms N Bailey
Solicitor for the Defendant: Matthews Folbigg Lawyers
ORDERS NSD 486 of 2023 IN THE MATTER OF JACKSON BELL PTY LTD BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff
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