Australian Competition and Consumer Commission v Australian Securities and Investments Commission, in the matter of SensaSlim Australia Pty Limited (In Liquidation) [2015] FCA 258

Australian Competition and Consumer Commission v Australian Securities and Investments Commission, in the matter of SensaSlim Australia Pty Limited (In Liquidation) [2015] FCA 258

It is appropriate to order reinstatement of the company's registration under s 601AH(2) of the Corporations Act 2001 (Cth), notwithstanding its insolvency, to allow the public interest in enforcement of consumer law penalties to be determined in subsequent proceedings. The previous liquidator is to be re-appointed.

Parties
Plaintiff: Australian Competition and Consumer Commission; First Defendant: Australian Securities and Investments Commission; Second Defendant: Trajan John Kukulovski
Jurisdiction
Australia
Judgment Date
09 March 2015
Procedural Posture
Application Under Corporations Act S 601 Ah(2) for Reinstatement of Company Registration / Judgment Following Hearing on Reinstatement Application
Outcome
Reinstatement of company registration and appointment of liquidator ordered
Legal Topics
Reinstatement of Company Registration, Insolvent Companies, Exercise of Judicial Discretion, Appointment of Liquidator
Corporations Law Reinstatement of Company Registration Insolvent Companies Exercise of Judicial Discretion 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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Australian Competition and Consumer Commission

Plaintiff

Australian Securities and Investments Commission

First Defendant

Trajan John Kukulovski

Second Defendant

Procedural Posture

Application Under Corporations Act S 601 Ah(2) for Reinstatement of Company Registration / Judgment Following Hearing on Reinstatement Application

Legal Issues

  1. 1 Whether it is appropriate to reinstate the registration of a company that is clearly insolvent
  2. 2 Whether plaintiff has standing to apply for reinstatement under s 601AH(2) of the Corporations Act 2001 (Cth)
  3. 3 Whether appointment of previous liquidator is appropriate

Ratio Decidendi

It is appropriate to order reinstatement of the company's registration under s 601AH(2) of the Corporations Act 2001 (Cth), notwithstanding its insolvency, to allow the public interest in enforcement of consumer law penalties to be determined in subsequent proceedings. The previous liquidator is to be re-appointed.

Court Disposition

Reinstatement of company registration and appointment of liquidator ordered

Orders

  • Australian Securities and Investments Commission to reinstate the registration of SensaSlim Australia Pty Limited (in liquidation) pursuant to s 601AH(2) of the Corporations Act 2001 (Cth)
  • Trajan John Kukulovski be appointed as liquidator of the company upon reinstatement