In the matter of Likehart Pty Limited (deregistered) [2017] NSWSC 906

In the matter of Likehart Pty Limited (deregistered) [2017] NSWSC 906

It is not just to reinstate the company and appoint a liquidator where no adequate arrangements are made for funding the liquidator's investigations and proceedings, as this compromises both the effectiveness and independence of the liquidation process.

Jurisdiction
Australia
Judgment Date
03 July 2017
Procedural Posture
Corporations Matter Application for Reinstatement / Further Interlocutory Process Judgment
Outcome
Application dismissed
Legal Topics
['company Deregistration' 'reinstatement of Company' 'liquidator Appointment' 'funding of Liquidator']
['corporations Law' 'equity'] ['company Deregistration' 'reinstatement of Company' 'liquidator Appointment' 'funding of Liquidator']

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Procedural Posture

Corporations Matter Application for Reinstatement / Further Interlocutory Process Judgment

Legal Issues

  1. 1 ['Whether it is just to reinstate the registration of a deregistered company under s 601AH(2) of the Corporations Act' "Whether appropriate funding for a liquidator's investigations is required to reinstate and wind up the company"]

Ratio Decidendi

It is not just to reinstate the company and appoint a liquidator where no adequate arrangements are made for funding the liquidator's investigations and proceedings, as this compromises both the effectiveness and independence of the liquidation process.

Court Disposition

Application dismissed

Orders

  • ["The Plaintiffs' Further Interlocutory Process is dismissed with costs." 'The stay previously ordered will end, and prior dismissal and costs orders will take effect at 4pm the following day.']