Federal Court of Australia
Federal Court of Australia
Hogan (Liquidator) v Australian Securities and Investments Commission, in the matter of NetiveEdu Pty Ltd (Deregistered) [2021] FCA 730 File number: NSD 1079 of 2020
Judgment of: CHEESEMAN J
Date of judgment: 30 June 2021
Catchwords: CORPORATIONS – application for reinstatement of a deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) and thereafter winding up under s 461(k) of the Act – Plaintiffs seek reinstatement for the purpose of investigating possible claims against the deregistered company, NetiveEdu – the Commonwealth is the largest creditor in value of the Plaintiff company – whether the Plaintiffs are persons "aggrieved" by deregistration – whether the reinstatement of the deregistered company is just – whether it is just and equitable in accordance with s 461(k) of the Act to wind up the company upon reinstatement – whether the Plaintiffs ought to be appointed as liquidators of the deregistered company upon reinstatement in circumstances where the Plaintiff company is likely a creditor of NetiveEdu – application successful
Legislation: Corporations Act 2001 (Cth), ss 461(k), 472, 601AA, 601AH(2) Corporations Act 2001 (Cth), Schedule 2—Insolvency Practice Schedule (Corporations), s 90-15(3)(a)
Cases cited: ACN 078 272 867 Pty Ltd (in liq) v Deputy Commissioner of Taxation [2011] HCA 46; (2011) 282 ALR 607 Australian Executor Trustee Ltd v Provident Capital Ltd, in the matter of Provident Capital Ltd (receivers and managers appointed) (in liq) [2013] FCA 1461 Hays Personnel Services (Australia) Pty Ltd v ACN 094 797 618 Pty Ltd [2006] NSWSC 917; (2006) 58 ACSR 599 Re Lek Management Consulting Pty Ltd [2019] VSC 261 Re Nuhan Ltd (1980) 5 ACLR 69 Sheahan, in the matter of B.C.I Finances Pty Limited (in liq) [2020] FCA 1411 Stone v ACN 000 337 940 Pty Ltd [2008] NSWSC 1058; (2008) 68 ACSR 242 Warner (liquidator), in the matter of Sakr Bros Pty Ltd (in liq) [2019] FCA 547 Yeo v Australian Securities and Investments Commission [2017] FCA 1480
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