Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Air Austral SA (deregistered) v Australian Securities and Investments Commission, in the matter of Air Austral SA (deregistered) [2018] FCA 216 File number: NSD 2189 of 2017
Judge: GLEESON J
Date of judgment: 8 February 2018
Date of publication of reasons: 2 March 2018
Catchwords: CORPORATIONS – whether to grant orders directing restoration of deregistered foreign company to register pursuant to s 601CL(10) of the Corporations Act 2001 (Cth) – deregistered foreign company retained sufficient existence, and director sufficiently interested in its deregistration, to have standing to bring application as "aggrieved persons" – order granted as just in the circumstances, the company having been properly deregistered, deregistration being necessary for access to Australian asset and there being no evidence of likely prejudice
Legislation: Corporations Act 2001 (Cth) ss 601CL(1), (5), (7), (9), (10)
Cases cited: Arnold World Trading Pty Ltd v ACN 133 427 335 Pty Ltd [2010] NSWSC 1369; (2010) 80 ACSR 670 JP Morgan Portfolio Services Ltd v Deloitte Touche Tohmatsu [2008] FCA 433; (2008) 167 FCR 212 Re Piccoli Tesori Pty Ltd (Deregistered); Ex parte Bertuol [2006] FCA 462; (2006) 151 FCR 109
Date of hearing: 8 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 26
Solicitor for the Plaintiffs: Baker McKenzie
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate