Coshott v Coshott (No 2) [2010] FCA 819

Coshott v Coshott (No 2) [2010] FCA 819

The evidence showed it was just to reinstate Schlotzsky's Nominee Company Pty Limited so that the bankruptcy trustee could pursue the proposed amended cross-claim, and s 601AH(5) meant Mrs Coshott would automatically become a director on reinstatement without any need for her consent.

Jurisdiction
Australia
Judgment Date
30 July 2010
Procedural Posture
Application to Reinstate Registration of a Deregistered Company Under S 601 Ah(2) of the Corporations Act 2001 (cth) / Interlocutory Application and Directions
Outcome
Application granted; Schlotzsky's Nominee Company Pty Limited reinstated, joinder and amendment permitted, costs and procedural directions made.
Legal Topics
['reinstatement of Deregistered Company' 'joinder of Company to Cross Claim' 'bankruptcy Trustee Challenge to Dispositions' 'discovery and Trial Preparation Directions']
['corporations Law' 'bankruptcy' 'civil Procedure'] ['reinstatement of Deregistered Company' 'joinder of Company to Cross Claim' 'bankruptcy Trustee Challenge to Dispositions' 'discovery and Trial Preparation Directions']

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Procedural Posture

Application to Reinstate Registration of a Deregistered Company Under S 601 Ah(2) of the Corporations Act 2001 (cth) / Interlocutory Application and Directions

Legal Issues

  1. 1 ["Whether Schlotzsky's Nominee Company Pty Limited should have its registration reinstated under s 601AH(2) of the Corporations Act 2001 (Cth)." 'Whether ASIC could require consent or appointment of an office holder before reinstatement despite s 601AH(5) of the Corporations Act 2001 (Cth).' 'Whether the cross claimant should have leave to join the reinstated company to the cross-claim.']

Ratio Decidendi

The evidence showed it was just to reinstate Schlotzsky's Nominee Company Pty Limited so that the bankruptcy trustee could pursue the proposed amended cross-claim, and s 601AH(5) meant Mrs Coshott would automatically become a director on reinstatement without any need for her consent.

Court Disposition

Application granted; Schlotzsky's Nominee Company Pty Limited reinstated, joinder and amendment permitted, costs and procedural directions made.

Orders

  • ["Pursuant to s 601AH(2) of the Corporations Act 2001 the registration of Schlotzsky's Nominee Company Pty Limited (A.C.N. 083 330 189) be reinstated." "Leave be granted to the cross claimant to join Schlotzsky's Nominee Company Pty Limited as fourth cross respondent to be first cross claim." 'The cross claimant...