Price, in the matter of Advanced Polymer Recycling Pty Ltd v Australian Securities and Investments Commission [2022] FCA 20

Federal Court of Australia

Price, in the matter of Advanced Polymer Recycling Pty Ltd v Australian Securities and Investments Commission [2022] FCA 20 File number: VID 523 of 2020

Judgment of: MOSHINSKY J

Date of judgment: 21 January 2022

Catchwords: CORPORATIONS – application for reinstatement of company – where company deregistered in 2008 – where reinstatement of company was sought by a former director and shareholder of the company – where purpose of reinstatement was to enable company to pursue a claim against the Commonwealth – where the claim against the Commonwealth was most likely statute-barred – where the applicant sought an order that the period between the date of deregistration and the date of reinstatement not be counted for the purposes of the applicable limitation of actions legislation – application dismissed

Legislation: Corporations Act 2001 (Cth), s 601AH Limitation Act 1985 (ACT), ss 11, 13

Cases cited: Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 174 ALR 688 Pagnon v Workcover Queensland [2001] 2 Qd R 492 Re Donald Kenyon Ltd [1956] 1 WLR 1397 Re Harule Pty Ltd; Ex parte Olita Super Readymixed Concrete Pty Ltd (in liq) (1994) 13 ACSR 500 Re Lindsay Bowman Ltd [1969] 1 WLR 1443 Re Regional Planners Developments Co Pty Ltd (2015) 110 ACSR 457 Skeates v Bruce [2008] NZCCLR 27 State of Western Australia v Australian Securities and Investments Commission [2020] FCA 810 Wedgewood Hallam Pty Ltd v Australian Securities and Investments Commission [2011] FCA 439