Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Callegher v Australian Securities and Investments Commission [2007] FCA 482
ADMINISTRATIVE LAW – review of decision of Registrar of Federal Court to reregister a company pursuant to s 601AH – whether plaintiffs were persons aggrieved – whether it was just to reinstate the company. Held: The plaintiffs are persons aggrieved by deregistration of the company – first plaintiff aggrieved because of potential liability under s 188 of Corporations Act – second plaintiff aggrieved because as sole shareholder of deregistered company it stands to lose benefits of litigation commenced in another Court. Held: The review is a hearing de novo – having regard to all the circumstances including how the company's registration lapsed; the party seeking reinstatement; the reasons for seeking reinstatement; the utility of reinstatement; and any prejudice to any parties; it was just for the company to be reinstated – application for review dismissed.
Corporations Act 2001 (Cth) s 601AH Federal Court of Australia Act 1976 (Cth) s 35 District Court Act 1991 (SA) s 42 Federal Court (Corporations) Rules 2000 r 2.13 Supreme and District Court Civil Rules 2006 r 194
Mazukov v University of Tasmania [2004] FCAFC 159 cited Pattison v Hadjimouratis (2006) 155 FCR 226 cited Harris v Caladine (1991) 172 CLR 84 cited Southern Motors Pty Ltd v Australian Guarantee Corporation Ltd [1980] VR 187 cited Re Peter Conyers Holdings Pty Ltd (In Liquidation) (1996) 14 ACLC 1835 cited Payne v Wizard Industries Pty Ltd (1997) 15 ACLC 1012 cited Ealing Corporation v Jones [1959] 1 QB 384 cited Re G A & R J Elliot Pty Ltd; ex parte Mitcham (1978) 3 ACLR 523 cited GIS Electrical Pty Ltd v Melsom (2002) 172 FLR 218 cited Casali v Crisp (2001) 165 FLR 79 cited Denis & Ors v McMahon (1989) 7 ACLC 283 cited Australian Competition and Consumer Commission v Australian Securities and Investment Commission (2000) 174 ALR 688 cited Donmastry Pty Ltd v Albarran (2004) 49 ACSR 745 cited Knight v FP Special Assets Ltd (1992) 174 CLR 178 referred to Vestris v Cashman (1999) 72 SASR 449 cited ALBERT CALLEGHER AND CLAREMONT MANAGEMENT AUSTRALIA PTY LTD ACN 104 547 131 v AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION SAD 66 OF 2006
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