Ramantanis v G & M Excavations; v I & M Excavations [2003] NSWSC 1250

Ramantanis v G & M Excavations; v I & M Excavations [2003] NSWSC 1250

It is just to reinstate the registration of the companies so the plaintiff may pursue legitimate claims, and in each case, an order should be made to ensure the liquidator at the time of deregistration continues as liquidator upon reinstatement, as the current legislation gives courts power to make such orders.

Source-derived case information.

Parties
Plaintiff: Vlassis Ramantanis; Defendant: G & M Excavations Pty Limited; Defendant: I & M Excavations Pty Limited
Jurisdiction
Australia
Judgment Date
17 December 2003
Procedural Posture
Proceeding for Reinstatement of Company Registration / Judgment on Application for Orders Under S 601 AH of the Corporations Act 2001 (cth)
Outcome
Orders for reinstatement of registration and continuation of liquidator in office granted.
Legal Topics
Winding Up, Company Deregistration, Company Liquidation, Reinstatement of Registration
Corporations Law Winding Up Company Deregistration Company Liquidation Reinstatement of Registration

Source-derived case record

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Parties

Vlassis Ramantanis

Plaintiff

G & M Excavations Pty Limited

Defendant

I & M Excavations Pty Limited

Defendant

Procedural Posture

Proceeding for Reinstatement of Company Registration / Judgment on Application for Orders Under S 601 AH of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 Whether reinstatement to register causes liquidator to be again in office after deregistration of a company in liquidation
  2. 2 Whether it is just to reinstate company registration under s 601AH of the Corporations Act 2001 (Cth)

Ratio Decidendi

It is just to reinstate the registration of the companies so the plaintiff may pursue legitimate claims, and in each case, an order should be made to ensure the liquidator at the time of deregistration continues as liquidator upon reinstatement, as the current legislation gives courts power to make such orders.

Court Disposition

Orders for reinstatement of registration and continuation of liquidator in office granted.

Orders

  • ASIC is to reinstate the registration of G & M Excavations Pty Limited.
  • ASIC is to reinstate the registration of I & M Excavations Pty Limited.