Deputy Commissioner of Taxation v Fairchild Development Pty Ltd (in liq); in the matter of Fairchild Development Pty Ltd (in liq) [2006] FCA 714

Deputy Commissioner of Taxation v Fairchild Development Pty Ltd (in liq); in the matter of Fairchild Development Pty Ltd (in liq) [2006] FCA 714

The winding up order should be vacated because it was made without the company's awareness due to inadvertence, the application to vacate was brought promptly, the company is solvent, and arrangements for repayment of debts are in place. The precedent in George Ward Steel Pty Ltd v Kizkot Pty Ltd supports granting the relief requested.

Jurisdiction
Australia
Judgment Date
24 May 2006
Procedural Posture
Corporations (winding Up) / Interlocutory Application to Vacate Winding Up Order
Outcome
matter stood over for short minutes of order and restoration as a defended proceeding
Legal Topics
['winding Up Orders' 'vacation of Orders' 'company Solvency' 'restoration of Proceedings']
['corporations Law' 'practice and Procedure'] ['winding Up Orders' 'vacation of Orders' 'company Solvency' 'restoration of Proceedings']

Case Brief

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Procedural Posture

Corporations (winding Up) / Interlocutory Application to Vacate Winding Up Order

Legal Issues

  1. 1 ['whether the winding up order made in the absence of the company should be vacated under O 35 r 7 of the Federal Court Rules or s 482 of the Corporations Act 2001 (Cth)' 'whether the failure to comply with statutory notice of demand and petition was excusable' 'solvency of the company and appropriateness of restoring proceedings']

Ratio Decidendi

The winding up order should be vacated because it was made without the company's awareness due to inadvertence, the application to vacate was brought promptly, the company is solvent, and arrangements for repayment of debts are in place. The precedent in George Ward Steel Pty Ltd v Kizkot Pty Ltd supports granting the relief requested.

Court Disposition

matter stood over for short minutes of order and restoration as a defended proceeding

Orders

  • ['the matter stand over to 9.45 am on 25 May 2006 to allow the parties to bring in short minutes of order in accordance with the reasons' 'company to pay the costs both of the Deputy Commissioner and of the liquidator arising out of the making of the order and the making of the application' 'liberty to apply in the...