6 Oct 2021
Restoration ordered because although removal was valid at the time (company ceased trading, solvent, filings up to date), a material change of circumstances occurred (Crown offering property back) which made it just and equitable to restore Spirax; there were no creditors, no compliance failures, and the Registrar and Treasury raised no objection.
3 Oct 2019
The Court allowed the appeal, concluding the High Court erred in restoring the companies under s 329: the applicants failed to provide the necessary factual material and explanation required for a s 329 application, the long unexplained delay and the risk of nugatory or perverse asymmetric tax outcomes meant restoration was not just and equitable, and the exercise of discretion was therefore set aside.
3 Feb 2014
Restoration ordered because the companies held valuable tax losses usable only by the companies, creditors (including payments by the applicant) and liquidators' costs had been satisfied, the applicant was eligible and there was no misconduct or countervailing prejudice; accordingly court granted restoration under s 329(1)(b), leave to apply under s 284(1)(b), set aside the liquidators' final reports and terminated the liquidations under s 250(1).