Deputy Commissioner of Taxation v Donnison Developments Pty Ltd ACN 104 010 200 (No. 2)

[2009] FCA 457

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Donnison Developments Pty Ltd
ACN 104 010 200 (No. 2) [2009] FCA 457

DEPUTY COMMISSIONER OF TAXATION v DONNISON DEVELOPMENTS PTY LTD ACN 104 010 200

NSD1632 of 2008

EMMETT J

27 MARCH 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1632 of 2008

BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Plaintiff

AND: DONNISON DEVELOPMENTS PTY LTD ACN 104 010 200
Defendant

JUDGE:	EMMETT J
DATE OF ORDER:	27 MARCH 2009
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Donnison Developments Pty Ltd be wound up.

2.Steven Nicols of Nicols + Brien Accountants is appointed liquidator of the corporation.

3.The defendant pays the plaintiff’s costs of this proceeding.

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

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1632 of 2008

BETWEEN:	DEPUTY COMMISSIONER OF TAXATION Plaintiff
AND:	DONNISON DEVELOPMENTS PTY LTD ACN 104 010 200 Defendant
JUDGE:	EMMETT J
DATE:	27 MARCH 2009
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Earlier today, I refused an application by the plaintiff (the Company) to adjourn the hearing of the winding-up application.  Following that refusal, the solicitor for the Company indicated that his instructions were to withdraw from the proceeding.  The Deputy Commissioner now presses her application for a winding-up order against the Company. 

2. The Deputy Commissioner relies upon the failure by the Company to comply with a statutory demand dated 5 September 2008.  The demand and an accompanying affidavit were served on the Company by being sent by ordinary prepaid post to the registered office of the Company.  The Company is indebted to the Deputy Commissioner and has failed to pay the amount of the debt demanded by the statutory demand within 21 days after the demand was served.

3. In those circumstances the grounds for winding up of the Company in insolvency have been established.  I therefore propose to make orders in accordance with the Deputy Commissioner’s application. 

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:       6 May 2009

Counsel for the Plaintiff:	Ms EA Collins
Solicitor for the Plaintiff:	Church & Grace
Solicitor for the Defendant:	Licardy, Harris and Co.

Date of Hearing:	27 March 2009
Date of Judgment:	27 March 2009