Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Promnitz v Australian Securities and Investments Commission [2004] FCA 22 CORPORATIONS – application for reinstatement of registration of a company in liquidation pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) – whether the plaintiff is aggrieved by the deregistration and it is just that the company's registration be reinstated - public interest consideration in relation to reinstatement. COSTS – plaintiff's liability for liquidators' costs in the event of reinstatement.
Corporations Act 2001 (Cth): s 601AH Income Tax Assessment Act 1936 (Cth): s 160ZZN(4)
Re Kilkenny Engineering Pty Ltd (In Liq) (1976) 13 SASR 258, referred to Drysdale v Australian Securities Commission (1992) 10 ACLC 1427, referred to Re Steelmaster Pty Ltd (In Liq); Kenny v McCann (1992) 10 ACLC 176, referred to Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 174 ALR 688, followed Brownlie v TTPM Pty Ltd [2003] NSWSC 480, referred to Civil & Civic Pty Ltd v R W Bass Pty Ltd (1996) 14 ACLC 1015, referred to Wall, in the matter of W Tolson & Co Pty Ltd (Deregistered) v Australian Securities and Investments Commission (9 May 2003, VSC, Senior Master Mahony), referred to WARREN HENRY PROMNITZ v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION V 3269 of 2003 GOLDBERG J 29 JANUARY 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 3269 of 2003
IN THE MATTER OF ACN 005 405 498 PTY LTD
BETWEEN: WARREN HENRY PROMNITZ
Plaintiff
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Defendant
JUDGE: GOLDBERG J
DATE OF ORDER: 29 JANUARY 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The defendant reinstate the registration of ACN 005 405 498 Pty Ltd. 2. The plaintiff pay the reasonable remuneration, costs and disbursements of the company's liquidators, Victor Raymond Dye and Peter Leslie Rennie, incurred as a result of the reinstatement of the registration of the company. 3. Liberty is reserved to the plaintiff to apply to vary the order made in paragraph 2 of this order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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