Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Onesteel Reinforcing Pty Ltd v Westpoint Constructions Pty Ltd, in the matter of Westpoint Constructions Pty Ltd [2005] FCA 808
CORPORATIONS – winding up – notice lodged with ASIC – published on register –application to rectify register Corporations Act 2001 (Cth) s 1322(4)(b)
Re Voxson Sales Pty Ltd [1988] 1 Qd R 711 distinguished IN THE MATTER OF WESTPOINT CONSTRUCTIONS PTY LTD ONESTEEL REINFORCING PTY LIMITED v WESTPOINT CONSTRUCTIONS PTY LTD VID 472 of 2005 FINKELSTEIN J 7 JUNE 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 472 of 2005
IN THE MATTER OF WESTPOINT CONSTRUCTIONS PTY LTD
BETWEEN: ONESTEEL REINFORCING PTY LIMITED
Plaintiff
AND: WESTPOINT CONSTRUCTIONS PTY LTD
Defendant
JUDGE: FINKELSTEIN J
DATE OF ORDER: 7 JUNE 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Upon the filing of a notice of discontinuance by the plaintiff, or the plaintiff in any other way discontinuing these proceedings, the Court directs the Australian Securities and Investments Commission to remove from any publicly-available register which it keeps pursuant to the Corporations Act 2001 (Cth) as soon as practicable:
(a) any reference to these proceedings;
(b) any reference to the form 519 (document number 021 057 221) in respect of the defendant lodged by the plaintiff with the Australian Securities and Investments Commission on 20 May 2005;
(c) any reference to any further forms relating to the discontinuance or withdrawal of these proceedings which are lodged with the Australian Securities and Investments Commission or, if not then lodged, as soon as possible following such lodgement; and
(d) any reference to any form annexing a court order, and any order so annexed, lodged by the defendant with the Australian Securities and Investments Commission in compliance with regulation 1.0.20(j) of the Corporations Regulations 2001 (Cth).
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