Application of Michael Kandy [2008] NSWSC 314

Application of Michael Kandy [2008] NSWSC 314

Mr Kandy had an interest beyond the abstract status of shareholder or director because the foreshadowed Australian Taxation Office audit might show no non-compliance or allow the company to deal with any dispute, thereby affecting possible derivative liability under s 8Y. The company's existence and ability to respond to the audit was relevant to the due conduct of that audit, and it was just to reinstate the company given the public interest in facilitating the investigation and the proposed winding up providing appropriate administration.

Jurisdiction
Australia
Judgment Date
07 April 2008
Procedural Posture
Application for Reinstatement of Deregistered Company and Winding Up / Ex Tempore Judgment
Outcome
Application granted.
Legal Topics
['reinstatement of Deregistered Company' 'person Aggrieved' 'taxation Audit' 'derivative Liability for Taxation Offences' 'just and Equitable Winding Up']
['corporations' 'taxation'] ['reinstatement of Deregistered Company' 'person Aggrieved' 'taxation Audit' 'derivative Liability for Taxation Offences' 'just and Equitable Winding Up']

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Procedural Posture

Application for Reinstatement of Deregistered Company and Winding Up / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether Mr Kandy was a person aggrieved by the deregistration of R & L Transport (NSW) Pty Ltd for the purposes of s 601AH(2) of the Corporations Act 2001 (Cth).' 'Whether it was just that the registration of R & L Transport (NSW) Pty Ltd be reinstated.' 'Whether the company should be wound up following reinstatement.']

Ratio Decidendi

Mr Kandy had an interest beyond the abstract status of shareholder or director because the foreshadowed Australian Taxation Office audit might show no non-compliance or allow the company to deal with any dispute, thereby affecting possible derivative liability under s 8Y. The company's existence and ability to respond to the audit was relevant to the due conduct of that audit, and it was just to reinstate the company given the public interest in facilitating the investigation and the proposed winding up providing appropriate administration.

Court Disposition

Application granted.

Orders

  • ['Order that ASIC reinstate registration of R & L Transport (NSW) Pty Ltd.' 'Order that R & L Transport (NSW) Pty Ltd be wound up.']