Deputy Commissioner of Taxation v The Nest Egg Co Pty Limited

[2010] FCA 1506

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v The Nest Egg Co Pty Limited [2010] FCA 1506

Citation:	Deputy Commissioner of Taxation v The Nest Egg Co Pty Limited [2010] FCA 1506
Parties:	DEPUTY COMMISSIONER OF TAXATION v THE NEST EGG CO PTY LIMITED
File number(s):	NSD 1546 of 2010
Judge:	EMMETT J
Date of judgment:	10 December 2010
Legislation:	Corporations Act 2001 (Cth) s 459P
Date of hearing:	10 December 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	4
Counsel for the Plaintiff:	C. Burnett
Solicitor for the Plaintiff:	Australian Taxation Office
Counsel for the Defendant:	The defendant did not appear

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1546 of 2010

BETWEEN:	DEPUTY COMMISSIONER OF TAXATION Applicant
AND:	THE NEST EGG CO PTY LIMITED Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	10 DECEMBER 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The defendant company be wound up.

2.Mr Mark Roufeil, liquidator, be appointed liquidator of the defendant company.

3.The plaintiff’s costs in the sum of $4,758.11 be paid out of the assets of the defendant company.

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 Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1546 of 2010

BETWEEN:	DEPUTY COMMISSIONER OF TAXATION Applicant
AND:	THE NEST EGG CO PTY LIMITED Respondent

JUDGE:	EMMETT J
DATE:	10 DECEMBER 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The Deputy Commissioner of Taxation has applied under s 459P of the Corporations Act 2001 (Cth) (the Corporations Act) for an order that the defendant, The Nest Egg Co Pty Ltd (the Company), be wound up on the ground of insolvency.  The basis of alleged insolvency on the part of the Company is failure to comply with a statutory demand. 

2. I am satisfied that a statutory demand for payment of a debt due to the Deputy Commissioner was sent to the Company by pre-paid post to its registered office on 6 August 2010.  The Company did not comply with the statutory demand.  I am satisfied that the Company is indebted to the Deputy Commissioner in the sum of $57,269.81.  This winding up application was duly advertised in the Sydney Morning Herald Newspaper on the 29 November 2010. 

3. There was no appearance for the Company when the matter was called before the Registrar this morning.  However, the Registrar referred the matter to me, as duty judge, on the basis there may have been a question as to costs.  In the circumstances I do not propose to say anything about the question. 

4. I am satisfied that the Company is insolvent. Accordingly, I propose to order that the Company be wound up in insolvency under the provisions of the Corporations Act, that Mr Mark Roufeil, who has consented to act, be appointed as liquidator of the Company and that the Deputy Commissioner’s costs in the sum of $4758.11 be paid out of the assets of the Company.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:        31 January 2011