Weston (Trustee) v Australian Securities and Investments Commission, in the matter of Empire Property and Investment Group Pty Ltd (Deregistered) [2017] FCA 176

FEDERAL COURT OF AUSTRALIA

Weston (Trustee) v Australian Securities and Investments Commission, in the matter of Empire Property and Investment Group Pty Ltd (Deregistered) [2017] FCA 176 File number(s): NSD 224 of 2017

Judge(s): FARRELL J

Date of judgment: 28 February 2017

Catchwords: CORPORATIONS – application to reinstate deregistered company – where person who is sole shareholder and sole director is an undischarged bankrupt – whether trustee in bankruptcy of sole shareholder is a "person aggrieved" – whether Court is satisfied it is just that the company's registration be reinstated –whether trustee in bankruptcy of sole shareholder can pass resolution to wind up the company – whether the trustee in bankruptcy should be appointed as liquidator

Legislation: Bankruptcy Act 1966 (Cth) s 116 Corporations Act 2001 (Cth) ss 203B, 206B, 461(1)(a), 461(1)(k), 462, 601AH, 1072C

Cases cited: Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 174 ALR 688; [2000] NSWSC 316 Deputy Commissioner of Taxation v Australian Securities and Investments Commission; in the matter of Civic Finance Pty Limited (Deregistered) [2010] FCA 1411 Pascoe v Ambernap Pty Ltd [2008] FCA 1975 Stone v ACN 000 337 940 Pty Ltd (2008) 68 ACSR 242; [2008] NSWSC 1058

Date of hearing: 21, 22 and 27 February 2017

Date of last submissions: 27 February 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency