In the matter of McDonagh Management Pty Limited [2019] NSWSC 1099

In the matter of McDonagh Management Pty Limited [2019] NSWSC 1099

It is just to reinstate McDonagh Management Pty Limited because Ms McDonagh was aggrieved as the beneficial owner whose legal interests were prejudiced by deregistration and unauthorised changes of officeholders and shareholdings. Ancillary orders to restore control to Ms McDonagh and prevent further mischief are appropriate to prevent frustration of court processes.

Jurisdiction
Australia
Judgment Date
26 August 2019
Procedural Posture
Corporations – Reinstatement of Company, Rectification of ASIC Register / Final Hearing and Orders
Outcome
Orders for reinstatement, rectification of the ASIC register, and ancillary relief granted
Legal Topics
['reinstatement of Companies' 'rectification of ASIC Register' 'directorship and Shareholding Disputes' 'corporate Key Abuse']
['corporations'] ['reinstatement of Companies' 'rectification of ASIC Register' 'directorship and Shareholding Disputes' 'corporate Key Abuse']

Case Brief

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Procedural Posture

Corporations – Reinstatement of Company, Rectification of ASIC Register / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether Ms McDonagh is a person aggrieved by deregistration of McDonagh Management Pty Limited' "Whether it is just that the company's registration be reinstated" 'Whether the ASIC register should be rectified to accurately reflect directorship and shareholding' 'Whether ancillary orders should be made to prevent further misuse of the corporate key']

Ratio Decidendi

It is just to reinstate McDonagh Management Pty Limited because Ms McDonagh was aggrieved as the beneficial owner whose legal interests were prejudiced by deregistration and unauthorised changes of officeholders and shareholdings. Ancillary orders to restore control to Ms McDonagh and prevent further mischief are appropriate to prevent frustration of court processes.

Court Disposition

Orders for reinstatement, rectification of the ASIC register, and ancillary relief granted

Orders

  • ['ASIC to reinstate McDonagh Management Pty Limited ACN 166 719 839' 'Validation of anything done by the company in Supreme Court proceedings 2014/311738 from 1 April 2019' 'ASIC to withdraw Forms 484 with document numbers 7E7674133 and 8E0135306 from the register' 'ASIC to record Sharon McDonagh as sole director,...