James v Leighton Holdings Limited [2013] FCA 1115

James v Leighton Holdings Limited [2013] FCA 1115

The applicant is a person aggrieved as his claim (potentially exceeding $10 million) against the company cannot proceed unless the company is reinstated. It is just to reinstate the company's registration, as deregistration was administrative, the company was solvent, and there is no prejudice or opposition. The court orders reinstatement and that costs are to be costs in the cause.

Jurisdiction
Australia
Judgment Date
23 October 2013
Procedural Posture
Application for Reinstatement of a Deregistered Company / Interlocutory Application Determination
Outcome
Orders made for reinstatement of the company's registration and costs in the cause.
Legal Topics
['company Deregistration' 'reinstatement of Companies' 'court Discretion' 'standing of Aggrieved Persons']
['corporations Law'] ['company Deregistration' 'reinstatement of Companies' 'court Discretion' 'standing of Aggrieved Persons']

Case Brief

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Procedural Posture

Application for Reinstatement of a Deregistered Company / Interlocutory Application Determination

Legal Issues

  1. 1 ['Whether the applicant is a person aggrieved by the deregistration of the company under s 601AH(2) of the Corporations Act' "Whether it is just that the company's registration be reinstated"]

Ratio Decidendi

The applicant is a person aggrieved as his claim (potentially exceeding $10 million) against the company cannot proceed unless the company is reinstated. It is just to reinstate the company's registration, as deregistration was administrative, the company was solvent, and there is no prejudice or opposition. The court orders reinstatement and that costs are to be costs in the cause.

Court Disposition

Orders made for reinstatement of the company's registration and costs in the cause.

Orders

  • ['Pursuant to s 601AH(2) of the Corporations Act, the Australian Securities and Investments Commission reinstate the registration of Leighton Superannuation Proprietary Limited.' 'The costs of the interlocutory application filed on 12 September 2013 be costs in the cause.']