Data Tech Communications (Aust) Pty Ltd [2009] NSWSC 402

Data Tech Communications (Aust) Pty Ltd [2009] NSWSC 402

ASIC had already reinstated Data Tech under s 601AH(1), so the registration was subsisting. The court had no power or demonstrated reason to validate ASIC's action; s 601AH(2) could not be exercised because there was no current deregistration and any order would be futile; and s 601AH(3) validating orders were not available because reinstatement was by ASIC of its own motion rather than pursuant to a court order. The originating process therefore had to be dismissed.

Jurisdiction
Australia
Judgment Date
14 May 2009
Procedural Posture
Application Concerning Deregistration and Reinstatement of Company Registration / Originating Process
Outcome
Originating process dismissed
Legal Topics
['deregistration' 'reinstatement of Registration' 'validation of Acts During Deregistration' 'asic Reinstatement of Its Own Motion']
['corporations Law'] ['deregistration' 'reinstatement of Registration' 'validation of Acts During Deregistration' 'asic Reinstatement of Its Own Motion']

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Procedural Posture

Application Concerning Deregistration and Reinstatement of Company Registration / Originating Process

Legal Issues

  1. 1 ["Whether the court had power to validate ASIC's reinstatement of Data Tech's registration under s 601AH(1) of the Corporations Act 2001 (Cth)." 'Whether the court could order ASIC to reinstate Data Tech under s 601AH(2) when ASIC had already reinstated the company.' 'Whether the court could validate acts done by or in relation to Data Tech during the period between deregistration and reinstatement where reinstatement was effected by ASIC of its own motion.']

Ratio Decidendi

ASIC had already reinstated Data Tech under s 601AH(1), so the registration was subsisting. The court had no power or demonstrated reason to validate ASIC's action; s 601AH(2) could not be exercised because there was no current deregistration and any order would be futile; and s 601AH(3) validating orders were not available because reinstatement was by ASIC of its own motion rather than pursuant to a court order. The originating process therefore had to be dismissed.

Court Disposition

Originating process dismissed

Orders

  • ['Originating process dismissed']