Nicholls (Trustee) v Australian Securities and Investments Commission, in the matter of Lawson [2023] FCA 1368

Federal Court of Australia

Nicholls (Trustee) v Australian Securities and Investments Commission, in the matter of Lawson [2023] FCA 1368 File number(s): NSD 1003 of 2023

Judgment of: HALLEY J

Date of judgment: 2 November 2023

Catchwords: CORPORATIONS – deregistration and subsequent reinstatement of Shirley Lawson Pty Ltd (Company) under s 601AH(2) of the Corporations Act 2001 (Cth) (Act) – whether the trustee of the Company is a person aggrieved under s 601AH(2) of the Act – whether the Court has the power to make ancillary orders under s601AH(3)(d) of the Act to appoint a director of the Company – orders made substantially in the form sought

Legislation: Bankruptcy Act 1966 (Cth) s 58 Corporations Act 2001 (Cth) ss 420, 601AB, 601AH Federal Court of Australia Act 1976 (Cth) ss 23, 57 Federal Court Rules 2011 (Cth) rr 14.21, 14.22

Cases cited: Arnold World Trading Pty Ltd v ACN 133 427 335 Pty Limited (2010) 80 ACSR 670; [2010] NSWSC 1369 Boys, in the matter of 38 Akuna Pty Ltd (Deregistered) v Australian Securities and Investment Commission [2019] FCA 320 Hinz, in the matter of KEAD Pty Ltd (Deregistered) v KEAD Pty Ltd (Deregistered) (2022) 158 ACSR 444; [2022] FCA 270 In the matter of Likehart Pty Limited (deregistered) [2017] NSWSC 884 In the matter of ERB International Pty Limited (deregistered) (2014) 98 ACSR 124; [2014] NSWSC 200 In the matter of Garfox 86 Pty Limited [2019] NSWSC 442 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