Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elias v Australian Securities and Investments Commission [2016] FCA 336 File number: NSD 1438 of 2015
Judge: FARRELL J
Date of judgment: 7 April 2016
Catchwords: CORPORATIONS – application for reinstatement of deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) – where bankrupt son was sole director and sole registered shareholder at the time the company was deregistered – application for declaration that bankrupt son is bare trustee for mother such that the shares are not divisible among creditors of his estate under s 116(1) of the Bankruptcy Act 1966 (Cth) – application for correction of share register under s 175 of the Corporations Act 2001 (Cth) – where bankrupt son as registered shareholder resolves to appoint mother as director – where orders under ss 232 and 233 of the Corporations Act 2001 (Cth) not appropriate
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 116 Corporations Act 2001 (Cth) ss 53, 175, 232, 233, 601AH
Cases cited: Brereton v Australian Securities and Investments Commission [2007] FCA 651 Deputy Commissioner of Taxation v Australian Securities and Investments Commission; in the matter of Civic Finance Pty Limited (Deregistered) [2010] FCA 1411 Price v Powers [2005] WASC 154 Stone v ACN 000 337 940 Pty Ltd (2008) 68 ACSR 242; [2008] NSWSC 1058
Date of hearing: 14 & 22 March 2016
Date of last submissions: 6 April 2016
Registry: New South Wales
Division: General Division
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