Federal Court of Australia
Federal Court of Australia
Weston (Trustee) v Australian Securities and Investments Commission, in the matter of Bayswater Developments Pty Ltd (Deregistered) [2021] FCA 66 File number(s): NSD 1164 of 2020
Judgment of: FARRELL J
Date of judgment: 3 February 2021
Date of publication of reasons: 5 February 2021
Catchwords: CORPORATIONS – application to reinstate deregistered company – where sole shareholder 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 company should be wound up with trustee in bankruptcy appointed as liquidator
Legislation: Bankruptcy Act 1966 (Cth) s 116 Corporations Act 2001 (Cth) ss 461(1)(a), 462, 601AH Federal Court (Corporations) Rules 2001 (Cth) r 2.13
Cases cited: Blazai Pty Ltd v Gateway Development (St Marys) Pty Ltd [2009] NSWSC 800 Callagher v Australian Securities and Investments Commission [2007] FCA 482 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 Re James Hardie Australia Finance Pty Ltd (Deregistered) [2008] FCA 1181; (2008) 170 FCR 545 Stone v ACN 000 337 940 Pty Ltd [2008] NSWSC 1058; (2008) 68 ACSR 242 Weston (Trustee) v Australian Securities and Investments Commission, in the matter of Empire Property and Investment Group Pty Ltd (Deregistered) [2017] FCA 176
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