Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CORPORATIONS – reinstatement to register of companies – whether error on part of the Australian Securities Commission in cancelling registration – whether sufficient that in hindsight company was carrying on business or in operation – whether other error on the part of the Commission – insistence on Key Financial Data in outstanding annual returns – records of company incomplete as a result of director's defalcations – whether apparent to Commission at time of cancellation that company was in operation – claim against third party – whether Commission officer misled company's solicitors WORDS AND PHRASES – "in operation" – "error on the part of the Commission"
Corporations Law ss572, 574, 601AH
Re Outlay Assurance Society (1887) 34 Ch D 479 at 482 applied
COMMONWEALTH BANK OF AUSTRALIA v AUSTRALIAN SECURITIES COMMISSION
NO. TG 2 of 1998
RALPH IMMACOLATO CACCAVO v AUSTRALIAN SECURITIES COMMISSION
NO. TG 9 of 1998
RALPH IMMACOLATO CACCAVO v AUSTRALIAN SECURITIES COMMISSION
NO. TG 10 of 1998
JUDGE: HEEREY J
DATE: 7 SEPTEMBER 1998
PLACE SYDNEY (HEARD IN HOBART)
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 2 of 1998
BETWEEN: COMMONWEALTH BANK OF AUSTRALIA
(ACN: 123 123 124)
Applicant
AND: AUSTRALiaN SECURITIES COMMISSION
Respondent TG 9 of 1998
BETWEEN: ralph immacolato caccavo
Applicant
AND: AUSTRALiaN SECURITIES COMMISSION
Respondent TG 10 of 1998
BETWEEN: RALPH IMMACOLATO CACCAVO
Applicant
AND: AUSTRALiaN SECURITIES COMMISSION
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 7 SEPTEMBER 1998
WHERE MADE: SYDNEY (heard in hobart)
THE COURT ORDERS THAT: 1. Application nos TG 2 of 1998, TG 9 of 1998 and TG 10 of 1998 are dismissed. 2. No order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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