Day, in the matter of A Bliss Clinic Pty Limited v Goodwin [2020] FCA 826

Day, in the matter of A Bliss Clinic Pty Limited v Goodwin [2020] FCA 826

Dr Day had a strong basis for relief because Dr Goodwin lodged ASIC forms without authority, including a form falsely stated to have been lodged by Dr Day, and no meeting, resolution or formal step was identified as conferring authority. Leaving the ASIC register unchanged would indicate that Dr Goodwin had authority to act for Reinvent and receive formal documents, creating an obvious risk of damage, while Dr Goodwin identified no hardship from restoring the prior position. The appropriate interlocutory relief was therefore to require Dr Goodwin to lodge a further change to company details form restoring the prior ASIC details and to restrain further lodgements concerning the companies....

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Application for Rectification of ASIC Register and Injunctive Relief Concerning Company Details Lodged With ASIC / Interlocutory Application for Injunction and Case Management of Proposed Cross Claim
Outcome
Interlocutory application allowed; interlocutory injunctive relief granted and Dr Day's claim was to proceed urgently, with Dr Goodwin's cross-claim to be case-managed separately.
Legal Topics
['asic Register Rectification' 'interlocutory Injunction' 'mandatory Interlocutory Relief' 'company Directors and Shareholders' 'cross Claim Case Management']
['corporations' 'practice and Procedure'] ['asic Register Rectification' 'interlocutory Injunction' 'mandatory Interlocutory Relief' 'company Directors and Shareholders' 'cross Claim Case Management']

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Procedural Posture

Application for Rectification of ASIC Register and Injunctive Relief Concerning Company Details Lodged With ASIC / Interlocutory Application for Injunction and Case Management of Proposed Cross Claim

Legal Issues

  1. 1 ["Whether interlocutory injunctive relief should be granted requiring Dr Goodwin to lodge a further change to company details form reinstating Reinvent Yourself Pty Ltd's prior details on the ASIC register." 'Whether Dr Goodwin should be restrained from lodging or causing the lodgement of further notifications with ASIC concerning A Bliss Clinic Pty Ltd or Reinvent Yourself Pty Ltd.' "Whether Dr Goodwin's proposed cross-claim should delay the urgent determination of Dr Day's claim concerning the state of the ASIC register."]

Ratio Decidendi

Dr Day had a strong basis for relief because Dr Goodwin lodged ASIC forms without authority, including a form falsely stated to have been lodged by Dr Day, and no meeting, resolution or formal step was identified as conferring authority. Leaving the ASIC register unchanged would indicate that Dr Goodwin had authority to act for Reinvent and receive formal documents, creating an obvious risk of damage, while Dr Goodwin identified no hardship from restoring the prior position. The appropriate interlocutory relief was therefore to require Dr Goodwin to lodge a further change to company details form restoring the prior ASIC details and to restrain further lodgements concerning the companies....

Court Disposition

Interlocutory application allowed; interlocutory injunctive relief granted and Dr Day's claim was to proceed urgently, with Dr Goodwin's cross-claim to be case-managed separately.

Orders

  • ["The time for filing and service of the plaintiff's interlocutory application filed 10 June 2020 be abridged to allow it to be heard on 11 June 2020." 'Service of the interlocutory application on the fourth and fifth defendants be deemed to have been effected by email to bridget.goodwin@gmail.com and...