Amalex Pty Ltd; Application of S M Shaw & Anor [2009] NSWSC 343

Amalex Pty Ltd; Application of S M Shaw & Anor [2009] NSWSC 343

Reinstatement of a deregistered company under s 459(6) can be ordered, and the time limit can be extended under s 539(4)(d), provided the applicants are aggrieved persons and no substantial injustice is likely, but reinstatement cannot be made conditional. Court will adjourn the application until applicants obtain appropriate status regarding the second share in the company.

Parties
First Plaintiff: Susan Mavis Shaw; Second Plaintiff: Gregory John Shaw
Jurisdiction
Australia
Judgment Date
30 April 2009
Procedural Posture
Application / Adjournment of Application for Reinstatement of Company Registration
Outcome
Application adjourned
Legal Topics
Reinstatement of Deregistered Company, Limitation Period Extension, Interests of Beneficiaries and Shareholders
Corporations Law Equity Reinstatement of Deregistered Company Limitation Period Extension Interests of Beneficiaries and Shareholders

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Parties

Susan Mavis Shaw

First Plaintiff

Gregory John Shaw

Second Plaintiff

Procedural Posture

Application / Adjournment of Application for Reinstatement of Company Registration

Legal Issues

  1. 1 Whether registration of Amalex Pty Ltd, deregistered under s 459(4) of the Companies (New South Wales) Code, can be reinstated after the limitation period.
  2. 2 Whether the limitation period under s 459(6) can be extended under s 539(4)(d).
  3. 3 Who are the appropriate persons to make the application.

Ratio Decidendi

Reinstatement of a deregistered company under s 459(6) can be ordered, and the time limit can be extended under s 539(4)(d), provided the applicants are aggrieved persons and no substantial injustice is likely, but reinstatement cannot be made conditional. Court will adjourn the application until applicants obtain appropriate status regarding the second share in the company.

Court Disposition

Application adjourned

Orders

  • Application stood over with liberty to restore to list before Barrett J upon applicants obtaining the appropriate status in relation to the M R Shaw estate.