Deputy Commissioner of Taxation v Biosolids Management Pty Limited [2004] NSWSC 272

New South Wales Supreme Court

CITATION : Deputy Commissioner of Taxation v Biosolids Management Pty Limited [2004] NSWSC 272 HEARING DATE(S) : 14th January 2004 JUDGMENT DATE : 14 January 2004

JUDGMENT OF : Dowd J at 1 DECISION : Order 1 of the interlocutory process; The winding up order in relation to the defendant on 13 November 2003 is to be terminated on the date determined by court; The defendant is to pay the plaintiff's costs of this application and of the proceedings; The former directors of the company at the time of the winding up are to continue to operate as directors of the company until a meeting of shareholders next occurs; Condition of these orders that the unsecured creditors, including the plaintiff, be paid within ten days from the date hereof.; The unsecured creditors identified in annexure F to be paid within ten days from the date hereof and the fees of the liquidator to be paid within that ten day period; liberty to appliy on two day's notice

CATCHWORDS : Terminating winding up order - protection of interests of creditors LEGISLATION CITED : Corporations Act 2001 Anderson v Palmer [2002] NSWSC 192 CASES CITED : Re Warlber Pty Ltd (1982) 6 ACLR 526 Dubolo Pty Ltd (t/as) Fender Signs) v Codrington Investment Corporation Pty Ltd (1998) 26 ACSR 723 Re E-Fahkri, in the matter of Elfah Pty Lrd (in liq) [2002] FCA 1469 202 FCA 1469 PARTIES : Deputy Commissioner of Taxation Biosolids Management Pty Limited FILE NUMBER(S) : SC 005119/03 COUNSEL : Plaintiff: none Defendant: Mr P Bolster SOLICITORS : Plaintiff: Mr E. Chiaw (ATO) Defendant: none