Deputy Commissioner of Taxation v Eurama Vision Australia Pty Ltd [2008] FCA 1003

Deputy Commissioner of Taxation v Eurama Vision Australia Pty Ltd [2008] FCA 1003

The adjournment is granted for seven days because of the possibility, though unsupported by direct evidence, that a secured creditor may advance funds to discharge the Deputy Commissioner's debt; no further adjournment will be entertained unless payment occurs.

Jurisdiction
Australia
Judgment Date
27 June 2008
Procedural Posture
Winding Up Application / Adjournment Hearing Prior to Determination
Outcome
adjournment granted
Legal Topics
['winding Up Application' 'adjournment' 'secured Creditor' 'company Liabilities']
['corporations Law' 'taxation'] ['winding Up Application' 'adjournment' 'secured Creditor' 'company Liabilities']

Case Brief

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Procedural Posture

Winding Up Application / Adjournment Hearing Prior to Determination

Legal Issues

  1. 1 ['whether to grant a further adjournment of the winding up application' 'whether a secured creditor may advance funds to discharge tax debt']

Ratio Decidendi

The adjournment is granted for seven days because of the possibility, though unsupported by direct evidence, that a secured creditor may advance funds to discharge the Deputy Commissioner's debt; no further adjournment will be entertained unless payment occurs.

Court Disposition

adjournment granted

Orders

  • ["Hearing of the Plaintiff's winding-up application adjourned to 4 July 2008." 'Plaintiff has leave to apply for restoration of the application for immediate hearing.' "Mr Ralph Douglas Williams to pay forthwith the Plaintiff's costs of today, fixed in the sum of $750."]