In the matter of European Metal Recyclers Pty Ltd (in liq) (deregistered) [2018] NSWSC 946

In the matter of European Metal Recyclers Pty Ltd (in liq) (deregistered) [2018] NSWSC 946

Mr Changizi is a person aggrieved as a former shareholder with a potential interest in surplus assets should the company pursue its claim successfully; it is just to reinstate the company and appoint a new liquidator to enable potential causes of action to be pursued, as no party is prejudiced and public interest supports reinstatement.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Corporations Matter / Application for Reinstatement and Appointment of Liquidator
Outcome
Application granted
Legal Topics
['company Deregistration' 'reinstatement of Company' 'appointment of Liquidator']
['corporations Law'] ['company Deregistration' 'reinstatement of Company' 'appointment of Liquidator']

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Procedural Posture

Corporations Matter / Application for Reinstatement and Appointment of Liquidator

Legal Issues

  1. 1 ['Whether the applicant is a person aggrieved by deregistration' 'Whether reinstatement of the company is just' 'Whether a new liquidator should be appointed']

Ratio Decidendi

Mr Changizi is a person aggrieved as a former shareholder with a potential interest in surplus assets should the company pursue its claim successfully; it is just to reinstate the company and appoint a new liquidator to enable potential causes of action to be pursued, as no party is prejudiced and public interest supports reinstatement.

Court Disposition

Application granted

Orders

  • ['Pursuant to Corporations Act 2001 (Cth), s 601AH(2), ASIC reinstate the registration of European Metal Recyclers Pty Ltd (in liq) (deregistered) (ACN 114 263 026).' 'Pursuant to Corporations Act 2001 (Cth), s 601AH(3)(b) and (d), Peter Krejci of BRI Ferrier (NSW) Pty Ltd be appointed liquidator of the company.'...