Kyne v CIMIC Group Limited [2020] FCA 1341

Kyne v CIMIC Group Limited [2020] FCA 1341

Mr Kyne was a person aggrieved by the deregistration of Leighton Superannuation, as his legal right to sue was affected, and it was just to order reinstatement given no evidence of insolvency or prejudice, presence of a serious question to be tried, and administrative deregistration.

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Interlocutory Application / Application for Reinstatement of Deregistered Company
Outcome
Application granted
Legal Topics
['reinstatement of Deregistered Company' 'trustee Obligations' 'legal Standing as Aggrieved Person']
['corporations Law'] ['reinstatement of Deregistered Company' 'trustee Obligations' 'legal Standing as Aggrieved Person']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Reinstatement of Deregistered Company

Legal Issues

  1. 1 ['Whether the applicant is a person aggrieved by deregistration under s 601AH(2)' 'Whether it is just to reinstate a deregistered company']

Ratio Decidendi

Mr Kyne was a person aggrieved by the deregistration of Leighton Superannuation, as his legal right to sue was affected, and it was just to order reinstatement given no evidence of insolvency or prejudice, presence of a serious question to be tried, and administrative deregistration.

Court Disposition

Application granted

Orders

  • ['ASIC to reinstate the registration of Leighton Superannuation Pty Limited (ACN 001 002 035).' 'Costs of the interlocutory application filed on 13 August 2020 be costs in the cause.']