Deputy Commissioner of Taxation v GWP Development Pty Ltd

[2009] FCA 1070

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v GWP Development Pty Ltd
[2009] FCA 1070

Corporations Act 2001 (Cth)

DEPUTY COMMISSIONER OF TAXATION v GWP DEVELOPMENT PTY LTD

QUD 202 of 2009

LOGAN J
18 SEPTEMBER 2009
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 202 of 2009

BETWEEN:	DEPUTY COMMISSIONER OF TAXATION Plaintiff
AND:	GWP DEVELOPMENT PTY LTD Defendant

JUDGE:	LOGAN J
DATE OF ORDER:	18 SEPTEMBER 2009
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.GWP Development Pty Ltd ACN 103 952 281 be wound up in insolvency under the provisions of the Corporations Act 2001 (Cth).

2.Nick Jim Combis, an official liquidator, be appointed liquidator of the company.

3.The Plaintiff’s costs to be fixed in the sum of $1,137.31 and reimbursed in accordance with s 466(2) of the Corporations Act 2001 (Cth).

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
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 202 of 2009

BETWEEN:	DEPUTY COMMISSIONER OF TAXATION Plaintiff
AND:	GWP DEVELOPMENT PTY LTD Defendant

JUDGE:	LOGAN J
DATE:	18 SEPTEMBER 2009
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The Commissioner of Taxation (Commissioner) has made application under the Corporations Act 2001 (Cth) for the winding up of GWP Developments Pty Ltd. The basis for the application is a failure on the part of that company to comply with the terms of a statutory demand made by the Commissioner pursuant to statute in respect of revenue debts owed to the Commonwealth of Australia and payable to the Commissioner. The company has failed to comply with that statutory demand.

2. Application was made today for the adjournment of the winding up application.  Reference was made by the solicitor for the company to contracts to which the company is a party for the sale of land.  Those contracts have very properly been included in the material read on behalf of the Commissioner on today’s application.  They form the basis, it seems, of an endeavour informally on the part of the company to reach agreement with the Commissioner for the adjournment of the winding up application.  As it transpired, the Commissioner was not disposed to agree to the course proposed by the company. 

3. The position which obtains, therefore, is that the company is presumed to be insolvent.  It remains indebted to the Commonwealth in respect of revenue debts payable to the Commissioner.  Further, the company has not in any way placed evidence before me which would attest to its solvency.  In those circumstances, the basis for any adjournment of the winding up application does not exist.  Rather, being satisfied that there is a ground for the winding up of the company, I make an order that the company be wound up.

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

Associate:

Dated:        22 September 2009

Solicitor for the Plaintiff:	Australian Taxation Office
Solicitor for the Defendant:	Chris Dore Solicitor

Date of Hearing:	18 September 2009
Date of Judgment:	18 September 2009