In the matter of Engels (Hurstville) Pty Ltd (in liq); application of Engel [2009] NSWSC 596

In the matter of Engels (Hurstville) Pty Ltd (in liq); application of Engel [2009] NSWSC 596

Harry Engel was manifestly a person aggrieved because he was a director and shareholder of Walter Engel Holding Pty Ltd and stood to benefit greatly from its reinstatement and subsequent winding up. Reinstatement was just because it would facilitate the intended distribution process involving Engel (Hurstville) Pty...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2009
Procedural Posture
Application for Reinstatement of Deregistered Corporation Under S 601 Ah(2) of the Corporations Act 2001 (cth) / Ex Tempore Judgment in the Equity Division, Corporations List
Outcome
Order for reinstatement made
Legal Topics
['reinstatement of Deregistered Corporation' 'standing of Person Aggrieved' 'deregistration by Asic' 'company Liquidation and Shareholder Distributions']
['corporations'] ['reinstatement of Deregistered Corporation' 'standing of Person Aggrieved' 'deregistration by Asic' 'company Liquidation and Shareholder Distributions']

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Procedural Posture

Application for Reinstatement of Deregistered Corporation Under S 601 Ah(2) of the Corporations Act 2001 (cth) / Ex Tempore Judgment in the Equity Division, Corporations List

Legal Issues

  1. 1 ['Whether Harry Engel was a person aggrieved for the purposes of s 601AH(2)(a)(i).' "Whether it was just that the company's registration be reinstated under s 601AH(2)(b)."]

Ratio Decidendi

Harry Engel was manifestly a person aggrieved because he was a director and shareholder of Walter Engel Holding Pty Ltd and stood to benefit greatly from its reinstatement and subsequent winding up. Reinstatement was just because it would facilitate the intended distribution process involving Engel (Hurstville) Pty Limited, ASIC did not oppose subject to conditions, and Harry Engel gave undertakings to address those conditions and ensure compliance with Corporations Act obligations after reinstatement.

Court Disposition

Order for reinstatement made

Orders

  • ['ASIC is to reinstate the registration of Walter Engel Holding Pty Ltd under s 601AH(2).']