Federal Court of Australia
Federal Court of Australia
Grogan Pty Ltd v Australian Securities and Investments Commission, in the matter of SIRA Pty Ltd (Deregistered) [2020] FCA 1832 File number(s): VID 785 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 21 December 2020
Catchwords: CORPORATIONS – application for reinstatement of registration of company pursuant to s 601AH of the Corporations Act 2001 (Cth) – purpose of proposed reinstatement to seek immediate winding up of company and appointment of liquidator to explore claims against former directors – whether winding up would be just and equitable within the meaning of s 461(1)(k) of the Corporations Act 2001 (Cth) – applications granted
Legislation: Corporations Act 2001 (Cth) ss 461(1)(k), 601AH(2)
Cases cited: Brereton v Australian Securities and Investments Commission [2007] FCA 651 CGU Workers Compensation (NSW) Ltd v Rockwall Interiors Pty Ltd (2006) 201 FLR 296 Deputy Commissioner of Taxation v Australian Securities and Investments Commission [2010] FCA 1411; 81 ATR 456 Pilarinos v Australian Securities and Investments Commission [2006] VSC 301 Re Brockweir Pty Ltd [2012] VSC 225 Re ERB International Pty Ltd (deregistered) [2014] NSWSC 200 Yeo v Australian Securities and Investments Commission, in the matter of Ji Woo International Education Centre Pty Ltd (deregistered) [2017] FCA 1480
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
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