Watts, in the matter of Watts [2011] FCA 1185

Watts, in the matter of Watts [2011] FCA 1185

The application was refused because the plaintiff failed to provide adequate evidence as to the business, activities, or affairs of the companies concerned, or his past or intended role in their management, and failed to establish a proper foundation for the exercise of the discretion to grant leave under s 206G(1) of the Corporations Act 2001 (Cth), either generally or for particular classes of companies.

Parties
Plaintiff: Gambhir Watts
Jurisdiction
Australia
Judgment Date
21 October 2011
Procedural Posture
Application for Leave to Manage Corporations / Judgment
Outcome
Application dismissed
Legal Topics
Leave to Manage Corporations, Disqualification of Directors, Bankruptcy and Corporate Management
Corporations Law Leave to Manage Corporations Disqualification of Directors Bankruptcy and Corporate Management

Case Brief

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Parties

Gambhir Watts

Plaintiff

Procedural Posture

Application for Leave to Manage Corporations / Judgment

Legal Issues

  1. 1 Whether the plaintiff should be granted leave under s 206G(1) of the Corporations Act 2001 (Cth) to manage corporations, despite being disqualified due to bankruptcy

Ratio Decidendi

The application was refused because the plaintiff failed to provide adequate evidence as to the business, activities, or affairs of the companies concerned, or his past or intended role in their management, and failed to establish a proper foundation for the exercise of the discretion to grant leave under s 206G(1) of the Corporations Act 2001 (Cth), either generally or for particular classes of companies.

Court Disposition

Application dismissed

Orders

  • The originating process be dismissed.
  • A copy of these reasons be forwarded by a Deputy District Registrar to the Australian Securities and Investments Commission.