In the matter of MC Insulation Pty Limited (in liquidation) (a deregistered company) [2015] NSWSC 1999

In the matter of MC Insulation Pty Limited (in liquidation) (a deregistered company) [2015] NSWSC 1999

It is just and equitable to reinstate the company to enable it to pursue a compensation claim which may benefit creditors and contributories; Mr Warner, as former liquidator, has standing to bring the application, and it is appropriate for him to be appointed liquidator upon reinstatement.

Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Originating Process / Decision on Application for Reinstatement of Company
Outcome
Application granted; Company to be reinstated; Mr Warner appointed as liquidator upon reinstatement.
Legal Topics
['company Deregistration' 'reinstatement of Company' 'appointment of Liquidator']
['corporations Law'] ['company Deregistration' 'reinstatement of Company' 'appointment of Liquidator']

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

Originating Process / Decision on Application for Reinstatement of Company

Legal Issues

  1. 1 ['Whether Ms Ledermann and Mr Warner have standing as persons aggrieved or as a former liquidator to seek reinstatement under s 601AH(2) of the Corporations Act 2001 (Cth)' 'Whether it is just that the registration of MC Insulation Pty Limited be reinstated']

Ratio Decidendi

It is just and equitable to reinstate the company to enable it to pursue a compensation claim which may benefit creditors and contributories; Mr Warner, as former liquidator, has standing to bring the application, and it is appropriate for him to be appointed liquidator upon reinstatement.

Court Disposition

Application granted; Company to be reinstated; Mr Warner appointed as liquidator upon reinstatement.

Orders

  • ['Order pursuant to section 601AH(2) of the Corporations Act 2001 (Cth) that the Australian Securities and Investments Commission reinstate the registration of the company MC Insulation Pty Limited (in liquidation) (ACN 129 012 362).' 'Order that Mr Anthony John Warner be appointed as liquidator of the company with...