Federal Court of Australia
Federal Court of Australia
Deputy Commissioner of Taxation v Apollo Kitchens (NSW) Pty Limited, in the matter of Apollo Kitchens (NSW) Pty Limited [2024] FCA 282 File number: NSD 975 of 2023
Judgment of: LEE J
Date of judgment: 7 March 2024
Date of publication of reasons: 22 March 2024
Catchwords: CORPORATIONS – urgent interlocutory application to stay winding up of defendant company – where defendant company seeks interim orders pending review of a decision of the registrar to wind up the company – where director not a party to proceeding before registrar – relief misconceived – s 482 of the Corporations Act 2001 (Cth) – evidence as to solvency – application dismissed
Legislation: Corporations Act 2001 (Cth), ss 198G(3)(b), 459A, 459P, 459R(1), 459R(2) Federal Court of Australia Act 1976 (Cth), ss 35A(5), 35A(6) Federal Court Rules 2011 (Cth), r 41.03
Cases cited: Complete Constructions (Aust) Pty Limited v Jeff Manny Pty Limited (In Liquidation), In the matter of Jeff Manny Pty Limited (In Liquidation) [2014] FCA 293 Deputy Commissioner of Taxation v Jackson Bell Pty Ltd, in the matter of Jackson Bell Pty Ltd [2023] FCA 916
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 26
Date of hearing: 7 March 2024
Counsel for the plaintiff: Mr G A Caligaris (solicitor advocate)
Solicitor for the plaintiff: McInnes Wilson Lawyers
Counsel for the defendant: Mr G McDonald
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