ACN 101 445 916 Pty Limited [2004] NSWSC 710
Where company administration documents state an incorrect ACN due to a single digit error and no company exists with the erroneous ACN, the court may under s 447A order that the Corporations Act operate as if the correct company name were used, and declare the relevant administration and documents valid.
- Parties
- Plaintiff: Mark Cooper
- Jurisdiction
- Australia
- Judgment Date
- 23 July 2004
- Procedural Posture
- Application / Judgment
- Outcome
- Application granted
- Legal Topics
- Voluntary Administration, Procedural Irregularity, Power of Court to Make Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Mark Cooper
Plaintiff
Procedural Posture
Application / Judgment
Legal Issues
- 1 Whether procedural errors in company naming render administration invalid
- 2 Whether court has power to correct naming errors in administration documents
- 3 Whether validity of administration and creditors' meeting notice can be declared
Ratio Decidendi
Where company administration documents state an incorrect ACN due to a single digit error and no company exists with the erroneous ACN, the court may under s 447A order that the Corporations Act operate as if the correct company name were used, and declare the relevant administration and documents valid.
Court Disposition
Application granted
Orders
- Order that Part 5.3A of the Corporations Act 2001 (Cth) operate as if the company were correctly named in documents
- Declaration made that relevant documents are valid
Full Case Text
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