Brown, in the matter of Summer Swim Pty Ltd (in liq) v Sam Riley Promotions Pty Ltd [2020] FCA 1607

Brown, in the matter of Summer Swim Pty Ltd (in liq) v Sam Riley Promotions Pty Ltd [2020] FCA 1607

The end of administration return for Summer Swim Pty Ltd (in liquidation) was lodged on 4 February 2020, so the deregistration period ended on 4 May 2020. Because Mr Brown's second application was made after that deregistration period had passed, the Court could not exercise jurisdiction under s 509(2) to make a further order deferring deregistration, and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Second Application Under S 509(2) of the Corporations Act 2001 (cth) for an Order That ASIC Deregister a Company on a Specified Day / Application Dated 2 November 2020 Heard on 4 November 2020
Outcome
Application dismissed.
Legal Topics
['deregistration of Company' 'liquidation' 'corporations Act 2001 (cth) S 509(2)' 'deregistration Period' 'court Jurisdiction to Defer Deregistration']
['corporations' 'corporate Insolvency'] ['deregistration of Company' 'liquidation' 'corporations Act 2001 (cth) S 509(2)' 'deregistration Period' 'court Jurisdiction to Defer Deregistration']

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Procedural Posture

Second Application Under S 509(2) of the Corporations Act 2001 (cth) for an Order That ASIC Deregister a Company on a Specified Day / Application Dated 2 November 2020 Heard on 4 November 2020

Legal Issues

  1. 1 ['Whether the Court could make a further order under s 509(2) of the Corporations Act 2001 (Cth) deferring deregistration after the deregistration period had expired.' 'Whether Summer Swim Pty Ltd (in liquidation) should have its deregistration deferred for a further six months because related Federal Court proceedings were ongoing.']

Ratio Decidendi

The end of administration return for Summer Swim Pty Ltd (in liquidation) was lodged on 4 February 2020, so the deregistration period ended on 4 May 2020. Because Mr Brown's second application was made after that deregistration period had passed, the Court could not exercise jurisdiction under s 509(2) to make a further order deferring deregistration, and the application had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ["The plaintiff's application dated 2 November 2020 is dismissed."]