Austshade Pty Ltd v Boss Shade Pty Ltd [2014] FCA 309

Austshade Pty Ltd v Boss Shade Pty Ltd [2014] FCA 309

Given continuing litigation and lack of knowledge of deregistrations, it is appropriate to reinstate Boss Shade Pty Ltd and Bauer Investments Pty Ltd and validate steps taken during deregistration; applicants are entitled to have their costs taxed forthwith.

Jurisdiction
Australia
Judgment Date
13 February 2014
Procedural Posture
General Division Proceeding / Interlocutory Application for Reinstatement and Consequential Orders
Outcome
Companies reinstated; litigation steps during deregistration validated; applicants awarded costs; further litigation steps and directions ordered.
Legal Topics
['reinstatement of Deregistered Companies' 'validation of Litigation Steps During Deregistration']
['corporations Law'] ['reinstatement of Deregistered Companies' 'validation of Litigation Steps During Deregistration']

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Procedural Posture

General Division Proceeding / Interlocutory Application for Reinstatement and Consequential Orders

Legal Issues

  1. 1 ['Whether the Court should reinstate deregistered companies under s 601AH(2) of the Corporations Act 2001' 'Whether steps taken in litigation during periods of deregistration should be validated under s 601AH(3)' 'Entitlement to costs consequent on reinstatement application']

Ratio Decidendi

Given continuing litigation and lack of knowledge of deregistrations, it is appropriate to reinstate Boss Shade Pty Ltd and Bauer Investments Pty Ltd and validate steps taken during deregistration; applicants are entitled to have their costs taxed forthwith.

Court Disposition

Companies reinstated; litigation steps during deregistration validated; applicants awarded costs; further litigation steps and directions ordered.

Orders

  • ['ASIC to reinstate registration of Boss Shade Pty Ltd and Bauer Investments Pty Ltd pursuant to s 601AH(2) Corporations Act 2001.' "All steps taken in proceedings by or for Boss Shade Pty Ltd and Bauer Investments Pty Ltd during deregistration validated pursuant to s 601AH(3) Corporations Act 2001 without prejudice...