In the matter of Newcastle United Sports Club Limited [2024] NSWSC 622

In the matter of Newcastle United Sports Club Limited [2024] NSWSC 622

It is just that Newcastle United Sports Club Limited's registration be reinstated as Almona Pty Ltd, a creditor of the company, is a person aggrieved by the deregistration; the company was solvent at deregistration, will remain so on reinstatement, and the procedural and governance deficiencies leading to deregistration are to be remedied. ASIC does not oppose the reinstatement.

Parties
First Plaintiff: Con Constantine; Second Plaintiff: Almona Pty Ltd; First Defendant: Newcastle United Sports Club Limited; Second Defendant: Australian Securities and Investments Commission
Jurisdiction
Australia
Judgment Date
20 May 2024
Procedural Posture
Application / Ex Tempore Judgment
Outcome
Application for reinstatement granted.
Legal Topics
Deregistration of Company, Application for Reinstatement, Solvency, Company Governance
Corporations Law Equity Deregistration of Company Application for Reinstatement Solvency Company Governance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Con Constantine

First Plaintiff

Almona Pty Ltd

Second Plaintiff

Newcastle United Sports Club Limited

First Defendant

Australian Securities and Investments Commission

Second Defendant

Procedural Posture

Application / Ex Tempore Judgment

Legal Issues

  1. 1 Whether Almona Pty Ltd is a 'person aggrieved' by deregistration under s 601AH(2) of the Corporations Act 2001 (Cth)
  2. 2 Whether it is just to reinstate the registration of Newcastle United Sports Club Limited under s 601AH(2)

Ratio Decidendi

It is just that Newcastle United Sports Club Limited's registration be reinstated as Almona Pty Ltd, a creditor of the company, is a person aggrieved by the deregistration; the company was solvent at deregistration, will remain so on reinstatement, and the procedural and governance deficiencies leading to deregistration are to be remedied. ASIC does not oppose the reinstatement.

Court Disposition

Application for reinstatement granted.

Orders

  • Order pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) that the Australian Securities and Investments Commission reinstate the registration of Newcastle United Sports Club Ltd (ACN 081 616 113).
  • No order as to costs.