In the Matter of ORUgo Pty Ltd [2012] NSWSC 788

In the Matter of ORUgo Pty Ltd [2012] NSWSC 788

Old ORUgo Pty Ltd should be reinstated as both former directors are entitled to return to their roles under s 601AH(5); there is no legal basis for removal of a director in the circumstances; and no order can be made for dissolution of New ORUgo Pty Ltd.

Jurisdiction
Australia
Judgment Date
09 July 2012
Procedural Posture
Corporations Reinstatement Application / Judgment
Outcome
Company reinstated; application for dissolution and director removal refused.
Legal Topics
['reinstatement of Deregistered Company' 'appointment and Removal of Directors']
['corporations Law'] ['reinstatement of Deregistered Company' 'appointment and Removal of Directors']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Reinstatement Application / Judgment

Legal Issues

  1. 1 ['Whether Old ORUgo Pty Ltd should be reinstated' 'Whether an order should be made for removal of a director upon reinstatement' 'Whether New ORUgo Pty Ltd should be dissolved']

Ratio Decidendi

Old ORUgo Pty Ltd should be reinstated as both former directors are entitled to return to their roles under s 601AH(5); there is no legal basis for removal of a director in the circumstances; and no order can be made for dissolution of New ORUgo Pty Ltd.

Court Disposition

Company reinstated; application for dissolution and director removal refused.

Orders

  • ['Pursuant to (Cth) Corporations Act 2001, s 601AH(2), ASIC is to reinstate the registration of ORUgo Pty Ltd ACN 001 403 354 as ACN 001 403 354 Pty Ltd, ACN 001 403 354.']