Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leaver v Australian Securities & Investments Commission [2012] FCA 834 Citation: Leaver v Australian Securities & Investments Commission [2012] FCA 834
Parties: WILLIAM LEAVER v AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION
File number: WAD 114 of 2012
Judge: GILMOUR J
Date of judgment: 19 July 2012
Legislation: Corporations Act 2001 (Cth) s 601AH (2)
Determined on the papers: 19 July 2012
Place: Perth
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 12
Counsel for the Applicant: Ms A Aldrich
Solicitor for the Applicant: Alison & Associates (Legal) Pty Ltd
Counsel for the Respondent: No appearance
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 114 of 2012
BETWEEN: WILLIAM LEAVER
Applicant
AND: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION
Respondent
JUDGE: GILMOUR J DATE OF ORDER: 19 JULY 2012 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The Australian Securities and Investments Commission pay from its Unclaimed Monies Unit, to the applicant, the sum of $92,719.26. NOTE: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 114 of 2012
BETWEEN: WILLIAM LEAVER
Applicant
AND: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION
Respondent
JUDGE: GILMOUR J DATE: 19 JULY 2012 PLACE: PERTH
REASONS FOR JUDGMENT 1 This application was originally made under s 601AH (2) of the Corporations Act 2001 (Cth) for an order to reinstate a deregistered company, Unitshelfco No 116 Pty Ltd (the Company). 2 The relief sought, for reasons that will become apparent, was subsequently amended to seek an order, in effect, that the Australian Securities and Investments Commission pay from its Unclaimed Monies Unit the sum of $92,719.26 directly to the applicant, without having the Company reinstated.
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