Deputy Commissioner of Taxation, in the matter of KJ Consulting Pty Limited (Administrator Appointed) (ACN 081 729 768) v KJ Consulting Pty Limited (Administrator Appointed) (ACN 081 729 768)

[2005] FCA 1770

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation, in the matter of KJ Consulting Pty Limited (Administrator Appointed) (ACN 081 729 768) v KJ Consulting Pty Limited (Administrator Appointed) (ACN 081 729 768) [2005] FCA 1770

IN THE MATTER OF KJ CONSULTING PTY LIMITED (ADMINISTRATOR APPOINTED) (ACN 081 729 768) DEPUTY COMMISSIONER OF TAXATION v KJ CONSULTING PTY LIMITED (ACN 081 729 768)
NSD 1518 OF 2005

GYLES J
16 NOVEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1518 OF 2005

IN THE MATTER OF KJ CONSULTING PTY LIMITED (ADMINISTRATOR APPOINTED) (ACN 081 729 768)

BETWEEN:	DEPUTY COMMISSIONER OF TAXATION PLAINTIFF (APPLICANT)
AND:	KJ CONSULTING PTY LIMITED (ADMINISTRATOR APPOINTED) (ACN 081 729 768) DEFENDANT (RESPONDENT)
JUDGE:	GYLES J
DATE OF ORDER:	16 NOVEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.KJ Consulting Pty Limited (Administrator Appointed) (ACN 081 729 768) be wound up.

2.Christopher John Palmer, an official liquidator, be appointed the liquidator of the company.

3.The costs of the Plaintiff in this proceeding, fixed in the sum of $3506.56 be reimbursed to the Plaintiff out of the property of the company in accordance with s 466(2) of the Corporations Act 2001 (Cth).

4.These orders be entered forthwith.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1518 OF 2005

IN THE MATTER OF KJ CONSULTING PTY LIMITED (ADMINISTRATOR APPOINTED) (ACN 081 729 768)

BETWEEN:	DEPUTY COMMISSIONER OF TAXATION PLAINTIFF (APPLICANT)
AND:	KJ CONSULTING PTY LIMITED (ACN 081 729 768) DEFENDANT (ADMINISTRATOR APPOINTED) (RESPONDENT)

JUDGE:	GYLES J
DATE:	16 NOVEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the transcript will record what happened after the adjournment was refused.  I indicated that I was satisfied as to the proof of all necessary matters to found a winding up order.  A question then arose as to the identity of the liquidator.  Without going into the rights and wrongs of that, the solicitor for the plaintiff has today proposed another official liquidator who would eliminate any perceived difficulty. In view of the urgency of the matter, that seems to me to be a very sensible course.

2. In this matter I make orders in accordance with the short minutes of order which I have initialled and dated.  That is the order of the Court.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Associate:

Dated:             7 December 2005

Solicitor for the Plaintiff (Applicant):	C Bavin, Hunt & Hunt Lawyers
Solicitor for the Defendant (Respondent):	E Oliveri, Oliveri Attorneys
Date of Hearing:	11, 15, 16 November 2005
Date of Judgment:	16 November 2005