Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
URS Australia Pty Ltd v Australian Securities and Investments Commission [2007] FCA 1939
CORPORATIONS –reinstatement of deregistered but formerly insured company – insurer confirming policy responds – insurer objecting to its joinder under s 601AG of the Corporations Act – doubt about applicability of s 601AG – doubt resolved by reinstatement under s 601AH – inappropriate to dispense with condition that liquidator be appointed to replace liquidator in office at time of deregistration
Corporations Act 2001 (Cth) ss 601AG, 601AH Trade Practices Act 1974 (Cth) s 52 Arnold v Poltane Pty Ltd [2005] FCA 1418 Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 174 ALR 688 Bitumen and Oil Refineries (Australia) Ltd v Commissioner for Government Transport (1955) 92 CLR 200 Re Cenco Holdings Pty Ltd (2005) 53 ACSR 484 Johnston v Centralian Industries Pty Ltd (1995) 13 ACLC 1,064 URS AUSTRALIA PTY LTD (ACN 000 691 690) v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION WAD 225 OF 2007
MCKERRACHER J
6 DECEMBER 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 225 OF 2007
BETWEEN: URS AUSTRALIA PTY LTD
(ACN 000 691 690)
Plaintiff
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Defendant
JUDGE: MCKERRACHER J DATE OF ORDER: 6 DECEMBER 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The Australian Securities & Investments Commission (ASIC) reinstate the registration of Arundel Scientific Pty Ltd ACN 008 946 637 (Deregistered) (the Company). 2. The plaintiff pay ASIC the Company's outstanding fees and penalties which are due to ASIC within 14 days of the plaintiff lodging the reinstatement order with ASIC. 3. Mr Ian Francis of Taylor Woodings be appointed liquidator of the Company. 4. There be no orders as to costs. 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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