Tom Michael Oates v Consolidated Capital Services Pty Ltd & 1 Or [2007] NSWSC 680

Tom Michael Oates v Consolidated Capital Services Pty Ltd & 1 Or [2007] NSWSC 680

Mr Oates was a person aggrieved because, as a beneficial shareholder in CCL Ireland, he had a real though indirect interest in recovering compensation, damages or assets for CCL Australia, and he had an arguable claim for leave to bring proceedings on CCL Australia's behalf. Reinstatement was just because there was a serious question to be tried and CCL Australia would have a member upon reinstatement, namely the State of Ireland as holder of CCL Ireland's vested property. The application for leave under s 237 could not yet be determined because CCL Australia did not exist when the application was made and had not been effectively served; purported service at its former registered office...

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Application for Reinstatement of a Deregistered Company Under S 601 Ah(2) of the Corporations Act 2001 (cth), With Related Application for Leave Under S 237 to Bring Proceedings on Behalf of the Company / Judgment on Reinstatement Application; Balance of Proceedings Stood Over
Outcome
Registration of Consolidated Capital Services Pty Ltd ordered to be reinstated; relief concerning derivative proceedings in the name of CCL UK dismissed as premature; balance of proceedings stood over.
Legal Topics
['reinstatement of Deregistered Company' 'person Aggrieved by Deregistration' 'statutory Derivative Action' 'service on Deregistered Company' 'proper Parties to Application' 'company Membership After Reinstatement']
['corporations Law' 'civil Procedure'] ['reinstatement of Deregistered Company' 'person Aggrieved by Deregistration' 'statutory Derivative Action' 'service on Deregistered Company' 'proper Parties to Application' 'company Membership After Reinstatement']

Case Brief

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Procedural Posture

Application for Reinstatement of a Deregistered Company Under S 601 Ah(2) of the Corporations Act 2001 (cth), With Related Application for Leave Under S 237 to Bring Proceedings on Behalf of the Company / Judgment on Reinstatement Application; Balance of Proceedings Stood Over

Legal Issues

  1. 1 ['Whether Mr Oates was a person aggrieved by the deregistration of Consolidated Capital Services Pty Ltd' 'Whether it was just that Consolidated Capital Services Pty Ltd be reinstated' 'Whether Consolidated Capital Services Pty Ltd would have a member upon reinstatement where its shares had been held by a deregistered Irish company' 'Whether purported service at the former registered office of a deregistered company was effective' 'Whether the application for leave under s 237 of the Corporations Act could be determined before service on the reinstated company' 'Whether CCL UK was a necessary or proper party to the present application']

Ratio Decidendi

Mr Oates was a person aggrieved because, as a beneficial shareholder in CCL Ireland, he had a real though indirect interest in recovering compensation, damages or assets for CCL Australia, and he had an arguable claim for leave to bring proceedings on CCL Australia's behalf. Reinstatement was just because there was a serious question to be tried and CCL Australia would have a member upon reinstatement, namely the State of Ireland as holder of CCL Ireland's vested property. The application for leave under s 237 could not yet be determined because CCL Australia did not exist when the application was made and had not been effectively served; purported service at its former registered office...

Court Disposition

Registration of Consolidated Capital Services Pty Ltd ordered to be reinstated; relief concerning derivative proceedings in the name of CCL UK dismissed as premature; balance of proceedings stood over.

Orders

  • ['Order that the Australian Securities and Investments Commission be added as a defendant to the proceeding.' 'Order that the Australian Securities and Investments Commission reinstate the registration of Consolidated Capital Services Pty Ltd ACN 096 516 808.' 'Order that paragraph 3 of the Originating Process be...