Federal Court of Australia
Federal Court of Australia
Stott v Australian Securities and Investments Commission, in the matter of Kosen-Rufu Pty Ltd (Deregistered) [2021] FCA 1222 File number(s): NSD 1034 of 2021
Judgment of: FARRELL J
Date of judgment: 8 October 2021
Date of publication of reasons 11 October 2021
Catchwords: CORPORATIONS – application for reinstatement of deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) – where plaintiff was sole director, secretary and shareholder at the time the company was deregistered – where plaintiff was sole beneficiary of a self-managed superannuation fund of which the company was trustee – where the plaintiff applied for deregistration of the company without being aware that it was required to exist as a party for proposed litigation related to losses incurred by the self-managed superannuation fund – application granted
Legislation: Corporations Act 2001 (Cth) ss 601AA, 601AH
Cases cited: In the matter of Kylie Mitchell Holdings Pty Ltd [2019] NSWSC 1638 In the matter of Likehart Pty Limited (deregistered) [2017] NSWSC 884 The Bell Group Limited v Australian Securities and Investments Commission [2018] FCA 884; (2018) 128 ASCR 247
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 23
Date of hearing: 8 October 2021
Counsel for the First Plaintiff: Mr T Bagley
Solicitor for the First Plaintiff: Piper Alderman
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