Veolia Water Australia Pty Ltd v Australian Securities and Investments Commission, in the matter of Springvale SK Kores Pty Limited (Deregistered) [2023] FCA 1407

Federal Court of Australia

Veolia Water Australia Pty Ltd v Australian Securities and Investments Commission, in the matter of Springvale SK Kores Pty Limited (Deregistered) [2023] FCA 1407 File number(s): NSD 1295 of 2023

Judgment of: HALLEY J

Date of judgment: 9 November 2023

Catchwords: CORPORATIONS – application to reinstate Springvale SK Kores Pty Limited (Deregistered) (Company) pursuant to s 601AH (2) of the Corporations Act 2001 (Cth) (Act) – where plaintiff intends to imminently commence proceedings against Company – where plaintiff is a person aggrieved and it is just that Company's registration be reinstated under s 601AH(2) of the Act – where no "special considerations" – orders made substantially in the form sought

Legislation: Corporations Act 2001 (Cth) s 601AH Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) s 236

Cases cited: ACN 009 009 072 Pty Ltd (in Liquidation) v Australian Securities & Investments Commission [2022] WASC 221 BSA Limited v Australia Securities and Investments Commission [2020] FCA 1823 Hinz v in the matter of KEAD Pty Ltd (Deregistered) v KEAD Pty Ltd (Deregistered) (2022) 158 ACSR 444; [2022] FCA 270 In the matter of LCW Property Holdings Pty Ltd (deregistered) [2020] NSWSC 71 In the matter of Likehart Pty Limited (deregistered) [2017] NSWSC 884 Re ERB International Pty Ltd (deregistered) [2014] NSWSC 200 Re James Hardie Australia Finance Pty Ltd (Deregistered) (2008) 170 FCR 545; [2008] FCA 1181 Re Newfront Pty Ltd (deregistered) [2008] SASC 127 The Owners of Strata Plan No 91349 v Australian Securities Investments Commission (2020) 147 ACSR 456; [2020] NSWSC 685