In the matter of Estate Rubino v ANZ Banking Group Ltd [2018] NSWSC 121

In the matter of Estate Rubino v ANZ Banking Group Ltd [2018] NSWSC 121

s 601AH(3) as amended empowers the Court to validate acts done during deregistration even when reinstatement was administrative by ASIC; no unfair prejudice shown to respondent by such validation; it is appropriate to make the validating order sought.

Jurisdiction
Australia
Judgment Date
29 January 2018
Procedural Posture
Corporations / Application for Validating Orders Under S 601 Ah(3) Corporations Act
Outcome
Application granted. Validating order made under Corporations Act s 601AH(3)
Legal Topics
['dissolution' 'reinstatement of Deregistered Corporation' 'validation of Acts During Deregistration']
['corporations Law' 'equity'] ['dissolution' 'reinstatement of Deregistered Corporation' 'validation of Acts During Deregistration']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations / Application for Validating Orders Under S 601 Ah(3) Corporations Act

Legal Issues

  1. 1 ['Whether the Court can validate acts done by a corporation during its period of deregistration when reinstatement was effected by ASIC under s 601AH(3)' 'Whether any unfair prejudice would be caused by validating acts taken while deregistered']

Ratio Decidendi

s 601AH(3) as amended empowers the Court to validate acts done during deregistration even when reinstatement was administrative by ASIC; no unfair prejudice shown to respondent by such validation; it is appropriate to make the validating order sought.

Court Disposition

Application granted. Validating order made under Corporations Act s 601AH(3)

Orders

  • ['Service on 5 June 2017 of bankruptcy notice BN213800 issued on 26 May 2017 by Pineview Property Holdings Limited and all acts undertaken by Pineview Property Holdings Pty Limited relating to that bankruptcy notice in the period 4 June to 21 July 2017 be validated.' 'No order as to costs.']