Brownlie v TTPM Pty Ltd [2003] NSWSC 480

Brownlie v TTPM Pty Ltd [2003] NSWSC 480

Because s 601AH(2) empowers the Court to reinstate the registration of a company, reinstatement returns the company to the register in the state in which it was deregistered. Since TTPM Pty Limited was in liquidation when deregistered and its liquidator had not been released, it remained in liquidation upon restoration and Mr Javorsky resumed office as liquidator without any need for reappointment.

Jurisdiction
Australia
Judgment Date
27 May 2003
Procedural Posture
Application Under S 601 AH of the Corporations Act 2001 (cth) for Reinstatement of the Registration of a Deregistered Company / Reasons for Judgment After Urgent Order Made Reinstating Registration and Granting Leave to Commence and Continue Proceedings
Outcome
Application granted; the company's registration was reinstated and leave was granted to begin and continue proceedings against it while in liquidation.
Legal Topics
['winding Up' 'deregistration' 'restoration of Company to Register' 'status of Liquidator After Reinstatement']
['corporations Law' 'equity'] ['winding Up' 'deregistration' 'restoration of Company to Register' 'status of Liquidator After Reinstatement']

Case Brief

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Procedural Posture

Application Under S 601 AH of the Corporations Act 2001 (cth) for Reinstatement of the Registration of a Deregistered Company / Reasons for Judgment After Urgent Order Made Reinstating Registration and Granting Leave to Commence and Continue Proceedings

Legal Issues

  1. 1 ['Whether a company that was in liquidation when deregistered remains in liquidation upon restoration to the register under s 601AH of the Corporations Act 2001 (Cth).' "Whether the liquidator who remained in office at deregistration is restored to office upon reinstatement of the company's registration."]

Ratio Decidendi

Because s 601AH(2) empowers the Court to reinstate the registration of a company, reinstatement returns the company to the register in the state in which it was deregistered. Since TTPM Pty Limited was in liquidation when deregistered and its liquidator had not been released, it remained in liquidation upon restoration and Mr Javorsky resumed office as liquidator without any need for reappointment.

Court Disposition

Application granted; the company's registration was reinstated and leave was granted to begin and continue proceedings against it while in liquidation.

Orders

  • ['ASIC reinstate the registration of TTPM Pty Limited under s 601AH of the Corporations Act 2001 (Cth).' 'Leave granted to begin and continue proceedings against TTPM Pty Limited although it is in liquidation.']