In the matter of Rocha Pty Limited (No 2) [2016] NSWSC 1172

In the matter of Rocha Pty Limited (No 2) [2016] NSWSC 1172

At the time of repeal of the (NSW) Companies Act 1961, the plaintiff had no substantive right or entitlement defined by reference to past facts. He had only standing as a person interested to apply for the Court's favourable exercise of discretion under s 307. That procedural right or mere locus standi was not an acquired or accrued right for the purposes of (NSW) Interpretation Act 1987, s 30(1)(c), so the repeal did not preserve any right to make the application and the Court declined to set aside the prior dismissal order.

Jurisdiction
Australia
Judgment Date
29 August 2016
Procedural Posture
Corporations Application Concerning Dissolution of Company / Application to Set Aside Prior Order Dismissing Application for Declaration That Dissolution Was Void
Outcome
Application to set aside the order of 29 June 2016 dismissing the plaintiff's application was declined.
Legal Topics
['dissolution of Company' 'striking Off of Defunct Company' 'reinstatement' 'repeal of Legislation' 'preservation of Accrued Rights' 'discretionary Relief']
['corporations Law' 'statutory Interpretation'] ['dissolution of Company' 'striking Off of Defunct Company' 'reinstatement' 'repeal of Legislation' 'preservation of Accrued Rights' 'discretionary Relief']

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Procedural Posture

Corporations Application Concerning Dissolution of Company / Application to Set Aside Prior Order Dismissing Application for Declaration That Dissolution Was Void

Legal Issues

  1. 1 ['Whether the plaintiff had an acquired or accrued right under (NSW) Interpretation Act 1987, s 30(1)(c), to make an application under s 307 of the (NSW) Companies Act 1961 after that Act was repealed.' 'Whether the Court retained jurisdiction to make an order under s 307 of the (NSW) Companies Act 1961 notwithstanding repeal of that Act before the commencement of the proceedings.' 'Whether a mere right or standing to apply for a favourable exercise of discretion is an acquired or accrued right.']

Ratio Decidendi

At the time of repeal of the (NSW) Companies Act 1961, the plaintiff had no substantive right or entitlement defined by reference to past facts. He had only standing as a person interested to apply for the Court's favourable exercise of discretion under s 307. That procedural right or mere locus standi was not an acquired or accrued right for the purposes of (NSW) Interpretation Act 1987, s 30(1)(c), so the repeal did not preserve any right to make the application and the Court declined to set aside the prior dismissal order.

Court Disposition

Application to set aside the order of 29 June 2016 dismissing the plaintiff's application was declined.

Orders

  • ["Decline to set aside the order of 29 June 2016 dismissing the plaintiff's application."]