Donmastry Pty Ltd v Albarran [2004] NSWSC 632

Donmastry Pty Ltd v Albarran [2004] NSWSC 632

The plaintiff, as a creditor aggrieved by deregistration, established grounds for reinstatement of the company's registration under s.601AH(2) of the Corporations Act, given unresolved concerns about proper notice to creditors and potential voidable transactions. Reinstatement is accompanied by a winding up order...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 July 2004
Procedural Posture
Corporations Application for Reinstatement and Winding Up / Final Judgment
Outcome
Orders granted for reinstatement of company registration, company to be wound up, and new liquidator appointed.
Legal Topics
['reinstatement of Company Registration' 'creditors Voluntary Winding Up' 'appointment and Removal of Liquidator']
['corporate Law'] ['reinstatement of Company Registration' 'creditors Voluntary Winding Up' 'appointment and Removal of Liquidator']

Source-derived case record

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Procedural Posture

Corporations Application for Reinstatement and Winding Up / Final Judgment

Legal Issues

  1. 1 ['Whether ASIC should reinstate company registration under s.601AH of Corporations Act' 'Whether company should be wound up and a new liquidator be appointed' 'Whether all creditors were given notice of final meeting' 'Whether appointment of liquidator is necessary given alleged financial irregularities and insolvency']

Ratio Decidendi

The plaintiff, as a creditor aggrieved by deregistration, established grounds for reinstatement of the company's registration under s.601AH(2) of the Corporations Act, given unresolved concerns about proper notice to creditors and potential voidable transactions. Reinstatement is accompanied by a winding up order and appointment of a new liquidator to investigate further, due to insolvency and the outgoing liquidator's wish to resign.

Court Disposition

Orders granted for reinstatement of company registration, company to be wound up, and new liquidator appointed.

Orders

  • ['ASIC to reinstate registration of Project Management, Architecture, Construction, Interior (P.A.C.I.) Pty Limited ACN 096 989 025 under s.601AH(2).' 'If reinstatement causes Richard Albarran to be again liquidator, he be removed as liquidator due to his consent.' 'Upon reinstatement, the company be wound up and...