In the matter of Gia Firenze Investments Pty Limited [2013] NSWSC 99

In the matter of Gia Firenze Investments Pty Limited [2013] NSWSC 99

Ms Hughes was a person aggrieved because, as director and sole shareholder, the deregistration adversely affected rights of value or potential value, including the ability of the Company to pursue claims in existing Supreme Court proceedings. It was just to reinstate the Company because the deregistration resulted from an oversight, reinstatement was sought to maintain the proceedings, there was no suggestion of insolvency or prejudice to any person or the public interest, and ASIC did not oppose reinstatement on conditions. It was also just to validate steps taken in the related proceedings between deregistration and reinstatement. Bryen and Ord Minnett had a proper interest in...

Jurisdiction
Australia
Judgment Date
20 February 2013
Procedural Posture
Application Under Corporations Act 2001 (cth) S 601 AH for Reinstatement of a Deregistered Company and Validation of Steps Taken After Deregistration / Interlocutory Application
Outcome
Order for reinstatement of registration. Plaintiff to pay costs of ASIC and costs of specified non-parties.
Legal Topics
['reinstatement of Deregistered Company' 'person Aggrieved by Deregistration' 'validation of Acts Between Deregistration and Reinstatement' 'non Party Costs' 'leave to Be Heard Under Supreme Court (corporations) Rules 1999 (nsw) R 2.13']
['corporations' 'costs'] ['reinstatement of Deregistered Company' 'person Aggrieved by Deregistration' 'validation of Acts Between Deregistration and Reinstatement' 'non Party Costs' 'leave to Be Heard Under Supreme Court (corporations) Rules 1999 (nsw) R 2.13']

Case Brief

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Procedural Posture

Application Under Corporations Act 2001 (cth) S 601 AH for Reinstatement of a Deregistered Company and Validation of Steps Taken After Deregistration / Interlocutory Application

Legal Issues

  1. 1 ['Whether Ms Hughes was a person aggrieved by the deregistration of Gia Firenze Investments Pty Limited for the purposes of Corporations Act 2001 (Cth) s 601AH(2).' 'Whether it was just that Gia Firenze Investments Pty Limited be reinstated.' 'Whether steps taken in Supreme Court of New South Wales Proceedings 2011/229629 between deregistration and reinstatement should be validated under Corporations Act 2001 (Cth) s 601AH(3).' 'Whether the Court could impose conditions on reinstatement requiring payment of costs incurred by non-parties in considering the reinstatement application.' 'Whether unusual and special circumstances warranted an order that Ms Hughes pay the costs of Bryen Services Pty Limited, Mark Kendrick Bryen and Ord Minnett Limited of appearing to seek costs.']

Ratio Decidendi

Ms Hughes was a person aggrieved because, as director and sole shareholder, the deregistration adversely affected rights of value or potential value, including the ability of the Company to pursue claims in existing Supreme Court proceedings. It was just to reinstate the Company because the deregistration resulted from an oversight, reinstatement was sought to maintain the proceedings, there was no suggestion of insolvency or prejudice to any person or the public interest, and ASIC did not oppose reinstatement on conditions. It was also just to validate steps taken in the related proceedings between deregistration and reinstatement. Bryen and Ord Minnett had a proper interest in...

Court Disposition

Order for reinstatement of registration. Plaintiff to pay costs of ASIC and costs of specified non-parties.

Orders

  • ['Pursuant to Supreme Court (Corporations) Rules 1999 (NSW) r 2.13(1)(c), Bryen Services Pty Limited ACN 118 511 167, Mark Kendrick Bryen and Ord Minnett Limited ACN 002 733 048 were granted leave to be heard without becoming parties.' 'The Australian Securities and Investments Commission reinstate the registration...