Application of Rade Stojic [2006] NSWSC 608

Application of Rade Stojic [2006] NSWSC 608

It was just to reinstate Belbron Pty Limited because, although deregistration resulted from the plaintiff's failure to attend to his duties as director, reinstatement would allow the company to be placed into external administration in accordance with the policy of the Income Tax Assessment Act 1936 (Cth), ASIC and the ATO did not oppose the application, and any prejudice identified was principally the statutory remittance of the plaintiff's penalty. The plaintiff was a person aggrieved because deregistration prevented him from placing the company into administration or causing it to be wound up within the 14-day period. The evidence plainly established insolvency and justified leave to...

Jurisdiction
Australia
Judgment Date
24 May 2006
Procedural Posture
Application Under S 601 Ah(2) of the Corporations Act 2001 (cth) for Reinstatement of Company Registration, With Leave Sought Under S 459 P(3) to Apply for Winding Up in Insolvency / Ex Tempore Judgment on Originating Process
Outcome
Application granted
Legal Topics
['reinstatement of Deregistered Company' 'winding Up in Insolvency' 'director Penalty Notice' 'failure to Lodge Annual Returns' 'external Administration']
['corporations' 'insolvency' 'taxation'] ['reinstatement of Deregistered Company' 'winding Up in Insolvency' 'director Penalty Notice' 'failure to Lodge Annual Returns' 'external Administration']

Case Brief

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Procedural Posture

Application Under S 601 Ah(2) of the Corporations Act 2001 (cth) for Reinstatement of Company Registration, With Leave Sought Under S 459 P(3) to Apply for Winding Up in Insolvency / Ex Tempore Judgment on Originating Process

Legal Issues

  1. 1 ['Whether the plaintiff was a person aggrieved by the deregistration of Belbron Pty Limited.' 'Whether it was just under s 601AH(2) of the Corporations Act 2001 (Cth) to order ASIC to reinstate the registration of Belbron Pty Limited.' 'Whether leave should be granted under s 459P(3) of the Corporations Act 2001 (Cth) for the plaintiff to apply for winding-up of Belbron Pty Limited in insolvency.' 'Whether orders dispensing with notices and advertisements in connection with the winding-up should be made.']

Ratio Decidendi

It was just to reinstate Belbron Pty Limited because, although deregistration resulted from the plaintiff's failure to attend to his duties as director, reinstatement would allow the company to be placed into external administration in accordance with the policy of the Income Tax Assessment Act 1936 (Cth), ASIC and the ATO did not oppose the application, and any prejudice identified was principally the statutory remittance of the plaintiff's penalty. The plaintiff was a person aggrieved because deregistration prevented him from placing the company into administration or causing it to be wound up within the 14-day period. The evidence plainly established insolvency and justified leave to...

Court Disposition

Application granted

Orders

  • ['Orders made in accordance with paras 1-6 of the originating process.' 'ASIC to reinstate the registration of Belbron Pty Limited ACN 088 827 561.' 'Leave granted for the plaintiff to apply for the winding-up of Belbron Pty Limited in insolvency.' 'Belbron Pty Limited to be wound up.' 'Orders made dispensing with...