Federal Court of Australia
Federal Court of Australia
AMHC, Inc. v Australian Securities and Investments Commission [2022] FCA 896 File number(s): NSD 503 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 29 July 2022
Date of publication of reasons: 2 August 2022
Catchwords: CORPORATIONS – application for reinstatement of a deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) – where plaintiffs seek reinstatement for the purpose of clarifying and, if necessary, confirming chain of title to intellectual property the subject of two US patents – where deregistered company held the relevant property at an early point in time – where issue has arisen as to whether deregistered company transferred the property prior to deregistration – where separate proceedings in the US seek to challenge plaintiffs claim to title – whether the plaintiffs are persons "aggrieved" by deregistration – whether the reinstatement of the deregistered company is just – Held: application successful.
Legislation: Corporations Act 2001 (Cth), ss 601AD, 601AH(2), 601AH(5)
Cases cited: Amon v Raphael Tuck & Sons Ltd [1956] 1 QB 357 Bradvica v Radulovic [1975] VR 434 Corin v Patton (1990) 169 CLR 540 Deputy Commissioner of Taxation; Re James Hardie Australia Finance Pty Ltd (Deregistered) (2008) 170 FCR 545; [2008] FCA 1181 Hancock Prospecting Pty Ltd v Wright Prospecting Pty Ltd (2012) 45 WAR 29 Hogan (Liquidator) v Australian Securities and Investments Commission, in the matter of NetiveEdu Pty Ltd (Deregistered) [2021] FCA 730 In the Matter of Richards Contracting Co Management Pty Ltd (2021) 104 NSWLR 385; [2021] NSWCA 34 Lee v Parker [2020] FCA 1453 Miltonbrook Pty Ltd v Westbury Holdings Kiama Pty Ltd [2008] NSWCA 38 Olsson v Dyson (1969) 120 CLR 365 Re Garfox Pty Ltd [2019] NSWSC 442 Re Great Eastern Cleaning Services Pty Ltd [1978] 2 NSWLR 278 Workcover Authority of New South Wales v Picton Truck and Trailer Repairs Pty Ltd [2004] NSWCA 371; (2004) 51 ACSR 102 Yeo v Australian Securities and Investments Commission, in the matter of Ji Woo International Education Centre Pty Ltd (deregistered) [2017] FCA 1480
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate