Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arnold v Poltane Pty Ltd [2005] FCA 1418
CORPORATIONS — application for reinstatement of a company — personal injury claim against company — company insured — potential claim by plaintiff against insurer under s 601AG — whether it is just to reinstate the company
Corporations Act 2001 (Cth), ss 601AG, 601AH JOHN ARNOLD v POLTANE PTY LTD (TRADING AS 'WESTERNPORT CAR CARE CENTRE') VID 925 OF 2005 MERKEL J 7 OCTOBER 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 925 OF 2005
BETWEEN: JOHN ARNOLD
PLAINTIFF
AND: POLTANE PTY LTD
(trading as 'WESTERNPORT CAR CARE CENTRE')
DEFENDANT
JUDGE: MERKEL J
DATE OF ORDER: 7 OCTOBER 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The Australian Securities and Investments Commission be added as a respondent to this proceeding. 2. The Australian Securities and Investments Commission reinstate the registration of Poltane Pty Ltd (ACN 066 877 941) ('the Company'). 3. The plaintiff pay the reasonable costs and disbursements of the Company's liquidator, Peter Vince, incurred or to be incurred as a result of the reinstatement of the registration of the Company. 4. Leave be granted to the plaintiff pursuant to s 471B of the Corporations Act 2001 (Cth) to commence a proceeding against the Company in relation to the injuries described in County Court proceeding no CI-03-08264. 5. The plaintiff pay GIO General Ltd's costs of the day of 6 September 2005. 6. The plaintiff serve an authenticated copy of this order on the liquidator by posting it by ordinary prepaid post to his address.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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