In the matter of Hinesight Development Pty Ltd (deregistered) [2017] NSWSC 448

In the matter of Hinesight Development Pty Ltd (deregistered) [2017] NSWSC 448

Reinstatement of the deregistered company was just and appropriate to enable the collection and distribution of dividends for creditors, and the former liquidator should be reappointed due to his familiarity and consent.

Parties
Plaintiff: Christopher Mel Chamberlain; Defendant: Hinesight Development Pty Ltd (deregistered)
Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Corporations Application / Principal Judgment
Outcome
Orders made as sought; application granted for reinstatement and appointment of liquidator.
Legal Topics
Reinstatement of Deregistered Company, Appointment of Liquidator, Winding Up, Dividends From Bankrupt Estate
Corporations Law Reinstatement of Deregistered Company Appointment of Liquidator Winding Up Dividends From Bankrupt Estate

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Christopher Mel Chamberlain

Plaintiff

Hinesight Development Pty Ltd (deregistered)

Defendant

Procedural Posture

Corporations Application / Principal Judgment

Legal Issues

  1. 1 Whether it is appropriate to order reinstatement of a deregistered company under s 601AH of the Corporations Act 2001 (Cth)
  2. 2 Whether former liquidator should be appointed upon reinstatement

Ratio Decidendi

Reinstatement of the deregistered company was just and appropriate to enable the collection and distribution of dividends for creditors, and the former liquidator should be reappointed due to his familiarity and consent.

Court Disposition

Orders made as sought; application granted for reinstatement and appointment of liquidator.

Orders

  • Pursuant to s 601AH(2) of the Corporations Act 2001 (Cth), the defendant reinstate the registration of Hinesight Development Pty Limited (deregistered).
  • Pursuant to s 601AH(3)(d) of the Corporations Act, that upon reinstatement of the registration of the company the plaintiff, Christopher Mel Chamberlain, be appointed liquidator of the company.