Deputy Commissioner of Taxation v Kele Hire & Sales Pty Ltd

69 ATR 254
[2008] NSWSC 12

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Deputy Commissioner of Taxation
vKele Hire & Sales Pty Ltd

Court:

Judge: Campbell JA

Case References:
Re Norper Investments Pty Ltd - (1977) 33 FLR 87; 15 ALR 603; 7 ATR 488; 77 ATC 4212; 2 ACLR 453
Neutral Bay Pty Ltd v Deputy Commissioner of Taxation - [2007] QCA 312
Neutral Bay Pty Ltd v Deputy Commissioner of Taxation - (2007) 25 ACLC 1341; 68 ATR 886

Hearing date:
Judgment date: 21 January 2008

Sydney

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Orders

[8] I am satisfied that there are special circumstances that justify a further extension of the originating process, arising from the fact that the matter has now been brought back in vacation, there is no immediate urgency about it, and there are matters that are relevant to the running of the application that are not clear or in a position where they can properly be put before the court today. Under these circumstances I make the following orders:

(1)

extend the summons to and including 18 February 2008;

(2)

stand the application over before the corporations judge on Monday, 18 February 2008;

(3)

I direct the applicant to file and serve any supplementary evidence on which it seeks to rely by 4 February 2008;

(4)

I reserve the costs of today's hearing.

[9] I note that 2 supporting creditors appeared today. One of them, OneSteel Reinforcing Pty Ltd, claims a debt of $85,504.04. The other, Workers Compensation Nominal Insurer, claims a debt of $3,252.50.

Solicitor for the plaintiff: Australian Taxation Office Legal Services Branch
Solicitors for the defendant: Birbas Attorneys
Solicitors for the supporting creditor: Francis Commercial Lawyers and McLachlan Chilton