Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
State of Western Australia v Australian Securities and Investment Commission [2020] FCA 810 File number: WAD 128 of 2020
Judge: MCKERRACHER J
Date of judgment: 9 June 2020
Date of publication of reasons: 10 June 2020
Catchwords: CORPORATIONS – application to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) – whether the State of Western Australia is a 'person aggrieved' – whether it is just that the company be reinstated – where the State of Western Australia has a deemed right of subrogation in the company's name – where the subrogated rights are rendered obsolete by the company's deregistration
Legislation: Acts Interpretation Act 1901 (Cth) ss 2(2), 2C Corporations Act 2001 (Cth) ss 601AH(2), 601AH(2)(a)(i) Limitation Act 2005 (WA) ss 13(1), 27(1) Settlement Agents Act 1981 (WA) ss 87, 88(d), 93, 97, 117
Cases cited: Re ERB International Pty Ltd (deregistered) (2014) 98 ACSR 124 Herbert v Nozala Pty Ltd [2006] NSWSC 1437 Re JJ Weeks Constructions Pty Ltd (1982) 31 SASR 96 MH Smith (Plant Hire) Ltd v DL Mainwaring [1986] 2 Lloyd's Rep 244 The Bell Group Limited v Australian Securities and Investments Commission [2018] FCA 884 Re Timothys Pty Ltd & the Companies Act [1981] 2 NSWLR 706 Tyrrell v Tyrrells Building Consultancy Pty Ltd [2008] NSWSC 416
Date of hearing: 9 June 2020
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