Pacanowski, D.H. v Australian Securities Commission [1995] FCA 336

Pacanowski, D.H. v Australian Securities Commission [1995] FCA 336

Pacanowski had standing as a person aggrieved because he was at least arguably a creditor of Galite, had an interest in Galite's litigation against Wygoda, and could have an interest in future use of accumulated tax losses. Reinstatement was just because Pacanowski had guaranteed loans to Galite to his detriment,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 May 1995
Procedural Posture
Application Under S574(3) of the Corporations Law to Reinstate the Registration of a Deregistered Company / Reasons for Judgment and Orders
Outcome
Application granted; the registration of Galite Holdings Pty Ltd was reinstated.
Legal Topics
['reinstatement of Deregistered Company' 'person Aggrieved' 'whether Reinstatement Just' 'company Deregistration' 'standing']
['corporations'] ['reinstatement of Deregistered Company' 'person Aggrieved' 'whether Reinstatement Just' 'company Deregistration' 'standing']

Source-derived case record

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

Application Under S574(3) of the Corporations Law to Reinstate the Registration of a Deregistered Company / Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether Pacanowski was a person aggrieved within the meaning of s574(3) of the Corporations Law.' 'Whether it was just that the registration of Galite Holdings Pty Ltd be reinstated.']

Ratio Decidendi

Pacanowski had standing as a person aggrieved because he was at least arguably a creditor of Galite, had an interest in Galite's litigation against Wygoda, and could have an interest in future use of accumulated tax losses. Reinstatement was just because Pacanowski had guaranteed loans to Galite to his detriment, had a legitimate interest in benefits that might flow from the company being reinstated and resuming trading, and the Australian Securities Commission did not object subject to conditions.

Court Disposition

Application granted; the registration of Galite Holdings Pty Ltd was reinstated.

Orders

  • ['The registration of Galite Holdings Pty Ltd be reinstated.' 'No order as to costs.']