Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the Matter of Piccoli Tesori Pty Ltd (Deregistered)
Ex parte: Bertuol [2006] FCA 462
CORPORATIONS – application for reinstatement of registration of a company – whether a deregistered company has capacity to make an application under s 601AH(2) – meaning of "a person aggrieved".
Corporations Act 2001 (Cth), ss 45A(2), 293, 294, 345A(1), 347A-347C, 348A, 348B, 348C, 601AB(1A), (3), 601AD(1), (2), 601AE(2)(a), 601AE(2)(b)(i), 601AH(2)(a)(i), (3), (5) Corporations (Review Fees) Act 2003 (Cth) Corporations (Review Fees) Regulations 2003 Federal Court (Corporations) Rules 2000 r 2.8 Corporations Legislation Amendment Act 2003 (Cth) s 3 Schedule 1 Casali v Crisp (2001) 165 FLR 79 referred to GA & RJ Elliot Pty Ltd (formerly a company) Ex parte Mitcham (1978) 3 ACLR 523 referred to GIS Electrical Pty Ltd v Melsom (2002) 172 FLR 218 referred to CTG Pty Ltd v Yamamori (Hong Kong) Pty Ltd (1992) 10 ACSR 534 referred to Re L Carroll Ltd [1975] 1 NZLR 79 referred to Sweeney & Vandeleur Pty Ltd v BNY Australia Ltd (1993) 11 ACSR 356 referred to
In the Matter of Piccoli Tesori Pty Ltd (Deregistered) ex parte: Bertuol
(ACN 091 765 909)
WAD 78 of 2006 LEE J 26 APRIL 2006 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 78 OF 2006
In the Matter of Piccoli Tesori Pty Ltd
(Deregistered) ACN 091 765 909
MASSIMILIANO DAVIDE TANI BERTUOL
PLAINTIFF
JUDGE: LEE J
DATE OF ORDER: 26 APRIL 2006
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. Subject to no application being made by Australian Securities and Investments Commission ("ASIC") by 5 May 2006 to set aside the orders and subject to all outstanding review fees, reinstatement fees and late fees and other fees payable to ASIC in respect of Piccoli Tesori Pty Ltd ("the company") being paid, ASIC reinstate registration of the company. 2. Anything done between the deregistration of the company and its reinstatement be validated. 3. Within 28 days of reinstatement of registration of the company, the company is to complete and file with ASIC all notices of changes of address and other details as required by the Corporations Act 2001 or by ASIC. 4. By 1 May 2006 the plaintiff is to file with ASIC an office copy of this order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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