Reid v Action Insulation Engineers Pty Ltd [2009] NSWSC 1182

Reid v Action Insulation Engineers Pty Ltd [2009] NSWSC 1182

Because the plaintiff was gravely ill, had a life expectancy of only one to six weeks, and the Dust Diseases Tribunal proceedings required urgent rectification by reinstatement of the deregistered employer companies, it was appropriate to order ASIC to reinstate the companies despite ASIC not yet having had an...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 November 2009
Procedural Posture
Application Under S 601 Ah(2) of the Corporations Act 2001 (cth) for Reinstatement of Deregistered Companies and Winding Up / Ex Tempore Judgment on Urgent Application
Outcome
Orders for reinstatement and winding up made.
Legal Topics
['deregistered Company' 'reinstatement of Registration' 'asic Notice' 'urgency' 'winding Up on Just and Equitable Ground']
['corporations'] ['deregistered Company' 'reinstatement of Registration' 'asic Notice' 'urgency' 'winding Up on Just and Equitable Ground']

Source-derived case record

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Procedural Posture

Application Under S 601 Ah(2) of the Corporations Act 2001 (cth) for Reinstatement of Deregistered Companies and Winding Up / Ex Tempore Judgment on Urgent Application

Legal Issues

  1. 1 ['Whether orders should be made under s 601AH(2) of the Corporations Act 2001 (Cth) requiring ASIC to reinstate the registration of the two companies despite ASIC not yet having responded to notification of the application.' 'Whether winding up should be ordered on the just and equitable ground after reinstatement.']

Ratio Decidendi

Because the plaintiff was gravely ill, had a life expectancy of only one to six weeks, and the Dust Diseases Tribunal proceedings required urgent rectification by reinstatement of the deregistered employer companies, it was appropriate to order ASIC to reinstate the companies despite ASIC not yet having had an opportunity to respond; winding up was also appropriate because the former administration of each company could not be expected to operate effectively and liquidator consents had been produced.

Court Disposition

Orders for reinstatement and winding up made.

Orders

  • ["Upon the plaintiff's undertaking by counsel to pay applicable ASIC fees, orders were made in the short minutes of order initialled and dated by the Court." 'ASIC was ordered to reinstate the registration of each of the two companies.' 'Winding up was ordered on the just and equitable ground.']