In the matter of ACN 002 408 040 [2013] NSWSC 1997

In the matter of ACN 002 408 040 [2013] NSWSC 1997

The Court may, by consent of the parties and where there is no prejudice, vary a previous order made under s 509(6) of the Corporations Act 2001 regarding the deregistration date of a company, utilising its general power to vary its own orders in limited circumstances, rather than relying on the substantive power under that section.

Jurisdiction
Australia
Judgment Date
04 November 2013
Procedural Posture
Originating Process / Final Orders by Consent, Variation of Prior Orders
Outcome
Orders made by consent varying the earlier deregistration order; proceedings otherwise dismissed with no order as to costs.
Legal Topics
['deregistration of Company' 'variation of Court Orders' 'liquidation']
['corporations'] ['deregistration of Company' 'variation of Court Orders' 'liquidation']

Case Brief

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Procedural Posture

Originating Process / Final Orders by Consent, Variation of Prior Orders

Legal Issues

  1. 1 ['Whether the court has power to vary an earlier order under s 509(6) of the Corporations Act 2001 after the relevant statutory period has expired' 'Whether the variation of the previous order can be made by consent of the parties']

Ratio Decidendi

The Court may, by consent of the parties and where there is no prejudice, vary a previous order made under s 509(6) of the Corporations Act 2001 regarding the deregistration date of a company, utilising its general power to vary its own orders in limited circumstances, rather than relying on the substantive power under that section.

Court Disposition

Orders made by consent varying the earlier deregistration order; proceedings otherwise dismissed with no order as to costs.

Orders

  • ["Order 1 made by Black J on 16 April 2013 varied to substitute '15 November 2013' for '18 December 2014' as the deregistration date." 'Defendants to notify ASIC of these orders within two days.' 'All extant orders as to costs vacated.' 'Proceedings otherwise dismissed, save for the varied deregistration order.' 'No...