Binetter v Commissioner of Taxation [2011] FCA 1195

Binetter v Commissioner of Taxation [2011] FCA 1195

As deregistered companies did not exist and had no rights at the time the winding-up orders were made, they were not necessary parties to the proceedings; orders for reinstatement and winding-up can take effect contemporaneously, and there is sufficient legislative authority for such orders. Mr Binetter, having had full opportunity to be heard, has no entitlement to have the orders set aside, nor does the proposed application have sufficient prospects of success for leave to be granted.

Jurisdiction
Australia
Judgment Date
21 October 2011
Procedural Posture
Corporations – Winding Up / Application for Approval for Director to Bring Proceedings in Name of Companies in Liquidation
Outcome
Application dismissed
Legal Topics
['winding Up' 'reinstatement of Deregistered Companies' 'approval for Director to Bring Proceedings' 'necessary Parties to Proceedings']
['corporations Law'] ['winding Up' 'reinstatement of Deregistered Companies' 'approval for Director to Bring Proceedings' 'necessary Parties to Proceedings']

Case Brief

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Procedural Posture

Corporations – Winding Up / Application for Approval for Director to Bring Proceedings in Name of Companies in Liquidation

Legal Issues

  1. 1 ['Whether reinstated companies were necessary parties to winding-up order' 'Whether a winding-up order can take effect at the same time as reinstatement of deregistered company' 'Principles relevant to exercise of discretion to grant approval under s 471A(1A)(d) of the Corporations Act']

Ratio Decidendi

As deregistered companies did not exist and had no rights at the time the winding-up orders were made, they were not necessary parties to the proceedings; orders for reinstatement and winding-up can take effect contemporaneously, and there is sufficient legislative authority for such orders. Mr Binetter, having had full opportunity to be heard, has no entitlement to have the orders set aside, nor does the proposed application have sufficient prospects of success for leave to be granted.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'The plaintiff pay the costs of the first defendant.']