In the matter of BMT & Associates Pty Ltd [2014] NSWSC 1082

The application was dismissed because the company was plainly insolvent and could not be reinstated unless a liquidator was appointed, which was not possible given the absence of consent from a liquidator and the applicants' lack of funds. Additionally, the claim was found to be statute barred and there was insufficient evidence to support claims of fraud.

Jurisdiction: Australia
Judgment Date: 21 July 2014
Procedural Posture: Interlocutory Application / Application for Reinstatement of Company Under Corporations Act S 601 Ah(2)
Outcome: Application dismissed
Legal Topics: ['company Deregistration' 'reinstatement of Company' 'insolvency' 'appointment of Liquidator' 'statute of Limitations']

['corporations Law'] ['company Deregistration' 'reinstatement of Company' 'insolvency' 'appointment of Liquidator' 'statute of Limitations']

Case Brief

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

Procedural Posture

Interlocutory Application / Application for Reinstatement of Company Under Corporations Act S 601 Ah(2)

Legal Issues

1 ['Whether plaintiff is a person aggrieved by deregistration of a company' 'Whether it is just to reinstate the registration of a company' 'Whether the company is insolvent' 'Whether a liquidator could be appointed to the company' 'Whether claim is statute barred']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['Application for reinstatement dismissed' "Plaintiff's representative Edith Kovarfi to pay the costs of the application, as agreed or assessed"]