Deputy Commissioner of Taxation v Chairmakers Pty Ltd (No 2)
[2004] VSC 112
•7 April 2004
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL AND EQUITY DIVISION
CORPORATIONS LIST
No. 8685 of 2003
| IN THE MATTER OF CHAIRMAKERS PTY LTD | |
| DEPUTY COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA | Plaintiff |
| V | |
| CHAIRMAKERS PTY LTD | Defendant |
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JUDGE: | Mandie J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 30 March 2004 | |
DATE OF JUDGMENT: | 7 April 2004 | |
CASE MAY BE CITED AS: | Deputy Commissioner of Taxation v Chairmakers Pty Ltd (No. 2) | |
MEDIUM NEUTRAL CITATION: | [2004] VSC 112 | |
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CORPORATIONS – winding up order
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr S Gardiner | ATO Legal Services Branch |
| For the Defendant | Mr J Guss | Joseph Guss |
| For the Deed Administrators | Mr P Fary | Anthony Peterson & Co |
HIS HONOUR:
By originating process dated 5 November 2003, the plaintiff seeks an order that Chairmakers Pty Ltd (“the Company”) be wound up on the ground of insolvency pursuant to the provisions of the Corporations Act 2001 (Cth) (“the Act”).
On 17 March 2004, Master Evans adjourned the proceeding to a date to be fixed after the hearing of proceeding no. 4016 of 2004.
For the reasons stated in Deputy Commission of Taxation of the Commonwealth of Australia v Chairmakers Pty Ltd [2004] VSC 109, an order will be made in this proceeding that the Company be wound up in insolvency pursuant to the provisions of the Act and that William Bernard Abeyratne of Harrisons Insolvency, Level 1, 49–51 Stead Street, South Melbourne is appointed liquidator for the purposes of the winding up.
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