Kay v Playup Australia Pty Ltd [2018] NSWSC 1579

Kay v Playup Australia Pty Ltd [2018] NSWSC 1579

The Court has no power or discretion to order the removal of references to a validly made winding up application from the ASIC database or register under s 1322(4)(b), as the statutory scheme requires the recording of such applications and their withdrawal; to do so would render the register inaccurate and contrary to Parliament's intention.

Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Corporations List Application for Rectification of ASIC Register / Post Hearing, Decision
Outcome
Application dismissed
Legal Topics
['rectification of ASIC Register' 'winding Up Application' 'statutory Demands' 'court Discretion']
['corporations Law' 'equity'] ['rectification of ASIC Register' 'winding Up Application' 'statutory Demands' 'court Discretion']

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Procedural Posture

Corporations List Application for Rectification of ASIC Register / Post Hearing, Decision

Legal Issues

  1. 1 ['Whether particulars of winding up application in ASIC database can be removed under Corporations Act s 1322(4)(b)' "Whether Form 519 and related documents form part of 'register kept by ASIC'" 'Whether Court has discretion to direct removal where winding up application was validly made']

Ratio Decidendi

The Court has no power or discretion to order the removal of references to a validly made winding up application from the ASIC database or register under s 1322(4)(b), as the statutory scheme requires the recording of such applications and their withdrawal; to do so would render the register inaccurate and contrary to Parliament's intention.

Court Disposition

Application dismissed

Orders

  • []