Re Infomedia Pty Limited [2000] NSWSC 649

Re Infomedia Pty Limited [2000] NSWSC 649

The one month period in s 164 formed part of a specific statutory scheme requiring ASIC's notice to state that registration details would be altered one month after publication and requiring ASIC to act after that month. Section 1322 did not empower the Court to alter that statutory notice requirement or abridge the relevant time, so the application had to be dismissed despite the absence of prejudice.

Jurisdiction
Australia
Judgment Date
14 June 2000
Procedural Posture
Application Under S 1322 of the Corporations Law to Abridge Time Set Out in S 164 for a Change of Type Application / Application Heard and Determined
Outcome
Proceedings dismissed.
Legal Topics
['extension or Abridgement of Statutory Time' 'change of Company Type' 'asic Registration Details' 's 1322 Relief' 's 164 Notice Requirements']
['corporations Law'] ['extension or Abridgement of Statutory Time' 'change of Company Type' 'asic Registration Details' 's 1322 Relief' 's 164 Notice Requirements']

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Procedural Posture

Application Under S 1322 of the Corporations Law to Abridge Time Set Out in S 164 for a Change of Type Application / Application Heard and Determined

Legal Issues

  1. 1 ["Whether the Court could use s 1322 of the Corporations Law to abridge the one month period in s 164 for ASIC to alter the company's registration details after Gazette notice." 'Whether abridging the one month period would cause prejudice or substantial injustice to any person.']

Ratio Decidendi

The one month period in s 164 formed part of a specific statutory scheme requiring ASIC's notice to state that registration details would be altered one month after publication and requiring ASIC to act after that month. Section 1322 did not empower the Court to alter that statutory notice requirement or abridge the relevant time, so the application had to be dismissed despite the absence of prejudice.

Court Disposition

Proceedings dismissed.

Orders

  • ['Proceedings dismissed.']