McIntyre v Eastern Prosperity Investments Pte Ltd (No 6) [2005] FCA 155

FEDERAL COURT OF AUSTRALIA

McIntyre v Eastern Prosperity Investments Pte Ltd (No 6)

[2005] FCA 155 CORPORATIONS - deregistered foreign corporation – respondent to proceedings – interlocutory costs order in favour of corporation – costs to be payable forthwith – whether recoverable by corporation – effect of prior deregistration – continued existence of corporation as legal entity – capacity to be sued – entitlement to be represented and to seek costs orders – re-registration of deregistered foreign corporation – application for re-registration as fresh registration application – not made as application for restoration to register – adequacy of procedures to monitor applications for fresh registration by deregistered companies Corporations Act 2001 (Cth) s 601CD(1) Federal Court of Australia Act 1976 (Cth) McIntyre v Eastern Prosperity Investments Pte Ltd (No 4) [2002] FCA 1133 cited McIntyre v Eastern Prosperity Investments Pte Ltd (No 5) [2003] FCA 254 cited Chaff and Hay Acquisition Committee v JA Hemphill & Sons Pty Ltd (1947) 74 CLR 375 cited Russian Commercial and Industrial Bank v Comptoir D'Escompte de Mulhouse [1925] AC 112 cited Feng v GMS Fulfilment Service Ltd (2004) 50 ACSR 527 cited Hansen v Millars' Karri & Jarrah Co (1905) WAR 266 cited Concrete Engineering & Contracting Company Ltd v Hardie Trading Pty Ltd (1928) SASR 132 cited DONALD COLIN MCINTYRE (FOR AND ON BEHALF OF HIMSELF AND PATRICIA ANN MCINTYRE AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION) v EASTERN PROSPERITY INVESTMENTS PTE LTD and DBF PROPERTY HOLDINGS PTY LTD AS TRUSTEE FOR THE FREARSON FAMILY TRUST WAD243 OF 2000 FRENCH J 1 MARCH 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD243 OF 2000

BETWEEN: DONALD COLIN MCINTYRE (FOR AND ON BEHALF OF HIMSELF AND PATRICIA ANN MCINTYRE AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION)