FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Bedroff Pty Ltd ACN 079 158 955 (No 2)
[2009] FCA 1399
SUPPLEMENTARY REASONS FOR JUDGMENT
DEPUTY COMMISSIONER OF TAXATION v BEDROFF PTY LTD ACN 079 158 955
QUD 207 of 2009
LOGAN J
26 NOVEMBER 2009 (SUPPLEMENTARY REASONS 26 NOVEMBER 2009)
BRISBANE
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
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general division |
QUD 207 of 2009 |
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DEPUTY COMMISSIONER OF TAXATION Plaintiff
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AND: |
BEDROFF PTY LTD ACN 079 158 955 Defendant
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JUDGE: |
LOGAN J |
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DATE OF ORDER: |
26 NOVEMBER 2009 |
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WHERE MADE: |
BRISBANE |
THE COURT ORDERS THAT:
1. Bedroff Pty Ltd ACN 079 158 955 be wound up in insolvency under the provisions of the Corporations Act 2001 (Cth).
2. Gregory Michael Maloney, an official liquidator, be appointed liquidator of the company.
3. The Plaintiff’s costs, be fixed in the sum of $1,137.31 and reimbursed in accordance in 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.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
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general division |
QUD 207 of 2009 |
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BETWEEN: |
DEPUTY COMMISSIONER OF TAXATION Plaintiff
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AND: |
BEDROFF PTY LTD ACN 079 158 955 Defendant
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JUDGE: |
LOGAN J |
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DATE: |
26 NOVEMBER 2009 |
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PLACE: |
BRISBANE |
SUPPLEMENTARY REASONS FOR JUDGMENT
1 I shall add this to the reasons for judgment just published. I have been informed this morning, which I must record was not my understanding at the time when the application was heard on 24 November 2009, that Mr Delaney of Delaney’s Lawyers also had instructions to appear by, or on behalf of, the administrators under the Deed of Administration. Whilst I have recorded in the reasons for judgment just published a lamentation as to a lack of appearance on the part of the administrators I should further record that, in the event that it were the case that there were an appearance on behalf of the administrators and a misunderstanding in that regard on my part, it would make no difference whatsoever to the orders that I have just pronounced.
2 That is so because what I describe as the significant omissions in the draft report of the administrators would remain. Further, what would also remain is the absence of any concluded view on the part of the administrators as to advantages and disadvantages insofar as the interests of the creditors are concerned of the continuance of the company under administration.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan. |
Associate:
Dated: 3 December 2009
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Solicitor for the Plaintiff: |
The Applicant appeared via an officer authorised on their behalf pursuant to the Taxation Administration Act 1953 (Cth) |
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Solicitor for the Defendant: |
Mr A Delaney of Delaneys Lawyers |
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Date of Delivery of Judgment: |
26 November 2009 |
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Date of Judgment: |
26 November 2009 |
