An engineering company in the mining sector received a Statutory Demand and subsequently Notice of Winding Up application for an unpaid tax debt. The Director was told by his accountant that his only option was to either pay the debt or have the company closed down and liquidated.
The Director decided to contact our office and obtain a second opinion. As the wind up hearing was scheduled the next day, we immediately referred the Director to a lawyer who was successfully able to have the winding up application adjourned. The lawyer then advised the company that as a result of its position, it should appoint an Administrator and make a proposal to the tax office by way of a Deed of Company Arrangement.
The Director appointed a Voluntary Administrator and a successful restructure was implemented. The winding up application was ultimately dismissed and the company was saved.