In the matter of A.C.N. 063 346 708 (formerly known as South Passage Pty Ltd) [2018] NSWSC 1709

In the matter of A.C.N. 063 346 708 (formerly known as South Passage Pty Ltd) [2018] NSWSC 1709

It was just to reinstate the company because the deregistration was improper and frustrated final court orders regarding shareholding and governance. Ancillary orders were appropriate and within the broad discretion of s 601AH(3)(d) to effect enforcement of those orders and to avoid further prejudice to the beneficial owner.

Parties
Plaintiff: Stuart Chase; First Defendant: Karen Chase; Second Defendant: Australian Securities and Investments Commission
Jurisdiction
Australia
Judgment Date
09 November 2018
Procedural Posture
Application / Final Judgment
Outcome
Application granted: Orders for substituted service, reinstatement of company, and ancillary orders altering shareholding, directorship, registered office and company constitution.
Legal Topics
Company Reinstatement, Voluntary Deregistration, Ancillary Orders, Substituted Service
Corporations Law Equity Civil Procedure Company Reinstatement Voluntary Deregistration Ancillary Orders Substituted Service

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Parties

Stuart Chase

Plaintiff

Karen Chase

First Defendant

Australian Securities and Investments Commission

Second Defendant

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether orders for substituted service should be made
  2. 2 Whether reinstatement of ACN 063 346 707 (formerly known as South Passage Pty Ltd) should be ordered under s 601AH(2) of the Corporations Act 2001 (Cth)
  3. 3 Whether ancillary orders under s 601AH(3)(d) of the Corporations Act 2001 (Cth) are justified to alter company shareholding, officeholders, registered office, and constitution

Ratio Decidendi

It was just to reinstate the company because the deregistration was improper and frustrated final court orders regarding shareholding and governance. Ancillary orders were appropriate and within the broad discretion of s 601AH(3)(d) to effect enforcement of those orders and to avoid further prejudice to the beneficial owner.

Court Disposition

Application granted: Orders for substituted service, reinstatement of company, and ancillary orders altering shareholding, directorship, registered office and company constitution.

Orders

  • Order for substituted service of the originating and interlocutory process and affidavits on first defendant.
  • Order that ASIC reinstate the registration of the company formerly known as South Passage Pty Ltd ACN 063 346 707.