Hinz, in the matter of KEAD Pty Ltd (Deregistered) v KEAD Pty Ltd (Deregistered) [2022] FCA 270

Federal Court of Australia

Hinz, in the matter of KEAD Pty Ltd (Deregistered) v KEAD Pty Ltd (Deregistered) [2022] FCA 270 File number(s): NSD 1229 of 2021

Judgment of: HALLEY J

Date of judgment: 24 March 2022

Catchwords: CORPORATIONS – application for reinstatement of registration of deregistered company and validation of acts done while company deregistered pursuant to s 601AH of the Corporations Act 2001 (Cth) – whether plaintiff an aggrieved person within the meaning of s 601AH – whether the reinstatement of the company's registration would be just – where purpose of proposed reinstatement is to allow company to pursue litigation – where Australian Securities and Investments Commission does not object to application – application granted

Legislation: Corporations Act 2001 (Cth) s 601AH

Cases cited: Bell Group Ltd (ACN 008 666 993) v Australian Securities and Investments Commission (2018) 358 ALR 624; [2018] FCA 884 Boys, in the matter of 38 Akuna Pty Ltd (Deregistered) v Australian Securities and Investments Commission [2019] FCA 320 Callegher v Australian Securities and Investments Commission (2007) 218 FCR 81; [2007] FCA 482 In the matter of ERB International Pty Limited (deregistered) (2014) 98 ACSR 124; [2014] NSWSC 200 National Australia Bank Limited v Australian Securities and Investments Commission, in the matter of Mackies Industries Australasia Pty Limited (receivers and managers appointed) (deregistered) [2022] FCA 147 Owners of Strata Plan No 91349 v Australian Securities and Investments Commission (2020) 147 ACSR 456; [2020] NSWSC 685