FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Wellnora Pty Limited [2007] FCA 1234
CORRIGENDUM
DEPUTY COMMISSIONER OF TAXATION v WELLNORA PTY LIMITED
(ACN 084 651 936) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) AND WILLIAM JAMES HAMILTON AND PINO FIORENTINO (IN THEIR CAPACITY AS ADMINISTRATORS OF THE DEED OF COMPANY ARRANGEMENT)
NSD 502 OF 2006
DEPUTY COMMISSIONER OF TAXATION v WELLNORA PTY LIMITED
(ACN 084 651 936) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)
NSD 2335 OF 2005
LINDGREN J
15 AUGUST 2007 (CORRIGENDUM 28 SEPTEMBER 2007)
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY |
NSD 502 OF 2006 |
IN THE MATTER OF WELLNORA PTY LIMITED (ACN 084 651 936)
(SUBJECT TO A DEED OF COMPANY ARRANGEMENT)
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BETWEEN: |
DEPUTY COMMISSIONER OF TAXATION Plaintiff/Cross Defendant
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AND: |
WELLNORA PTY LIMITED (ACN 084 651 936) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) First Defendant
WILLIAM JAMES HAMILTON AND PINO FIORENTINO (IN THEIR CAPACITY AS ADMINISTRATORS OF THE DEED OF COMPANY ARRANGEMENT) Second Defendants/Cross Claimants
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IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2335 OF 2005 |
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IN THE MATTER OF WELLNORA PTY LIMITED (ACN 084 651 936)
(ADMINISTRATOR APPOINTED)
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BETWEEN: |
DEPUTY COMMISSIONER OF TAXATION Plaintiff
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AND: |
WELLNORA PTY LIMITED (ACN 084 651 936) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) Defendant
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JUDGE: |
LINDGREN J |
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DATE: |
15 AUGUST 2007 |
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PLACE: |
SYDNEY |
CORRIGENDUM
1. On page 2 at paragraph 4 line 1 and line 3 delete “Administrator” and insert “Administrators”.
2. On page 18 at paragraph 70 line 5 delete “interposed”.
3. On page 27 at paragraph 106 line 3 de-italicise “Hamiltons” to “Hamiltons”.
4. On page 34 at paragraph 134 line 1 delete “Title” and insert “Titles”.
5. On page 35 at paragraph 136 line 3 delete “commercial” and insert “uncommercial”.
6. On page 46 at paragraph 174 line 3 after “standing to apply under s 445D or 445G.” insert “(As to s 445D, see [23] above, and as to s 445G, see [24] above.)”.
7. On page 46 at paragraph 178 line 4 delete “s 445D or s 445G” and insert “s 445D (for the reasons given at [173] above) or s 445G (for the reasons given in the third, fourth and fifth sentences of [24] above)”.
8. On page 47 at paragraph 179 line 1 delete “However,” so that the paragraph begins “Termination of ”.
9. On page 47 at paragraph 180 line 13 after “s 477 of the Act”, insert “, whether read alone or as allowing modification of the operation of one or more of ss 445D, 445G and 445H of the Act”.
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I certify that the preceding nine (9) paragraphs are a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Lindgren. |
Associate:
Dated: 28 September 2007