Boardman (liquidator) v Australian Boutique Spirits Pty Ltd, in the matter of Europa International Pty Ltd (in liq) (No 2) [2021] FCA 1614

Federal Court of Australia

Boardman (liquidator) v Australian Boutique Spirits Pty Ltd, in the matter of Europa International Pty Ltd (in liq) (No 2) [2021] FCA 1614 File number: NSD 1001 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 17 December 2021

Catchwords: CORPORATIONS – application by former officeholders for reinstatement of deregistered companies under section 601AH(2) of the Corporations Act 2001 (Cth) – where the deregistered companies had lodged proofs of debt in the liquidation of Europa International Pty Ltd – where demands were issued by the liquidator of Europa prior to deregistration – where liquidator commenced proceedings against the former officeholders of the deregistered companies – where the parties to the substantive proceedings entered into a settlement deed with the approval of the Court – where terms of settlement caused the applicants to assume an obligation to obtain the reinstatement of the deregistered companies – where ASIC does not oppose the application – whether the applicants are persons aggrieved under s 601AH(2)(a)(i) of the Corporations Act 2001 (Cth) – whether the circumstances warrant an order being made reinstating the deregistered companies –Held: application successful.

Legislation: Corporations Act 2001 (Cth), s 601AH(2)

Cases cited: Boardman (liquidator) v Australian Boutique Spirits Pty Ltd, in the matter of Europa International Pty Ltd (in liq) [2021] FCA 1520 Brereton v Australian Securities and Investment Commission [2007] FCA 651 Hogan (Liquidator) v Australian Securities and Investments Commission, in the matter of NetiveEdu Pty Ltd (Deregistered) [2021] FCA 730 Yeo v Australian Securities and Investments Commission, in the matter of Ji Woo International Education Centre Pty Ltd (deregistered) [2017] FCA 1480