In the matter of Mamae Pty Ltd [2024] NSWSC 1032

In the matter of Mamae Pty Ltd [2024] NSWSC 1032

The plaintiff is a person aggrieved by the company’s deregistration as he lost potential rights to bring shareholder oppression and derivative proceedings. No party opposed reinstatement, no evidence of insolvency or prejudice, and it is just to make orders reinstating Mamae Pty Ltd and appointing appropriate...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 August 2024
Procedural Posture
Corporations Reinstatement Application / Final Determination of Reinstatement Application
Outcome
Application granted: Mamae Pty Ltd's registration reinstated, directors appointed, costs reserved as specified.
Legal Topics
['deregistration and Reinstatement of Companies' 'director Appointments' 'shareholder Oppression' 'derivative Action' 'section 601 AH Corporations Act']
['corporations Law' 'equity'] ['deregistration and Reinstatement of Companies' 'director Appointments' 'shareholder Oppression' 'derivative Action' 'section 601 AH Corporations Act']

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Procedural Posture

Corporations Reinstatement Application / Final Determination of Reinstatement Application

Legal Issues

  1. 1 ["Whether the plaintiff is a 'person aggrieved' by the deregistration of Mamae Pty Ltd under s 601AH(2) of the Corporations Act 2001 (Cth)" "Whether it is just that Mamae Pty Ltd's registration be reinstated under s 601AH(2)" 'Whether ancillary orders regarding appointment of directors and registered address should be made']

Ratio Decidendi

The plaintiff is a person aggrieved by the company’s deregistration as he lost potential rights to bring shareholder oppression and derivative proceedings. No party opposed reinstatement, no evidence of insolvency or prejudice, and it is just to make orders reinstating Mamae Pty Ltd and appointing appropriate directors under s 601AH of the Corporations Act 2001 (Cth).

Court Disposition

Application granted: Mamae Pty Ltd's registration reinstated, directors appointed, costs reserved as specified.

Orders

  • ['Third Defendant to reinstate the registration of Mamae Pty Ltd (ACN 142 376 609)' "First Defendant's intention to resign as director upon reinstatement is noted" 'Upon reinstatement, Third Defendant to record Wen Qi Liu and Siyuan Liu as directors and record new registered address for Mamae Pty Ltd' 'No order as...