St Hilliers Contracting Pty Ltd [2009] NSWSC 1460

St Hilliers Contracting Pty Ltd [2009] NSWSC 1460

St Hilliers had a real and direct interest in Rapidwall's deregistration because reinstatement was necessary to permit an apportionment claim, making reinstatement just. Rapidwall should be wound up on the just and equitable ground because its former director was unwilling to act and it lacked effective management....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 2009
Procedural Posture
Application for Reinstatement of Deregistered Company, Winding Up on Just and Equitable Ground, and Leave to Bring a Cross Claim / Ex Tempore Judgment
Outcome
Orders made for reinstatement and winding up, and for leave to proceed with apportionment claim.
Legal Topics
['reinstatement of Company Registration' 'winding Up on Just and Equitable Ground' 'leave to Proceed Against Company in Liquidation' 'apportionment Claim' 'dispensing With Advertising of Winding Up Application']
['corporations' 'civil Procedure'] ['reinstatement of Company Registration' 'winding Up on Just and Equitable Ground' 'leave to Proceed Against Company in Liquidation' 'apportionment Claim' 'dispensing With Advertising of Winding Up Application']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Reinstatement of Deregistered Company, Winding Up on Just and Equitable Ground, and Leave to Bring a Cross Claim / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether St Hilliers was a person aggrieved for the purposes of s 601AH(2) of the Corporations Act 2001 (Cth).' "Whether it was just that Rapidwall's registration be reinstated to permit an apportionment claim." 'Whether Rapidwall should be wound up on the just and equitable ground under s 461(k).' 'Whether the Court should dispense with advertising required by s 465A(c).' 'Whether leave should be granted under s 471B to bring a cross-claim against Rapidwall in the Construction List proceedings.']

Ratio Decidendi

St Hilliers had a real and direct interest in Rapidwall's deregistration because reinstatement was necessary to permit an apportionment claim, making reinstatement just. Rapidwall should be wound up on the just and equitable ground because its former director was unwilling to act and it lacked effective management. Advertising of the winding up application could be dispensed with because Rapidwall had been deregistered for years and potentially interested persons had been notified and did not oppose. Leave under s 471B was appropriate because the apportionment claim was a serious or substantial question to be tried and its purpose could not be achieved by lodging a proof of debt in the...

Court Disposition

Orders made for reinstatement and winding up, and for leave to proceed with apportionment claim.

Orders

  • ['Pursuant to s 601AH(2) of the Corporations Act 2001 (Cth), ASIC to reinstate the registration of Rapidwall (NSW) Pty Limited.' 'Pursuant to s 461(k) of the Corporations Act 2001 (Cth), Rapidwall (NSW) Pty Limited be wound up.' 'Pursuant to s 467(3) of the Corporations Act 2001 (Cth), the requirement to advertise...