Ligon 158 Pty Limited (in liq) v Shield Holdings Australia Pty Limited (de-registered) [2024] FCA 144

FEDERAL COURT OF AUSTRALIA

Ligon 158 Pty Limited (in liq) v Shield Holdings Australia Pty Limited (de-registered) [2024] FCA 144 File number: NSD 1023 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 6 March 2024

Date of publication: 3 April 2024

Catchwords: CORPORATIONS — reinstatement – application for reinstatement of registration of deregistered company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) – where purpose of proposed reinstatement is to allow company to pursue litigation – where Australian Securities and Investments Commission does not object to application – whether the plaintiffs, or one of them is a person aggrieved within the meaning of s 601AH(2)(a)(ii) – whether the reinstatement of the company's registration would be just – whether discretion to reinstate is enlivened – whether order for reinstatement should be made – whether order should be made under s 601AH(3) suspending the running of the limitations period for limited period — Held: application granted. CORPORATIONS — winding up – where company reinstated – whether order should be made for winding up of reinstated company on just and equitable grounds – whether liquidator of plaintiffs should be appointed as liquidator of the reinstated company — Held: application successful in part.

Legislation: Corporations Act 2001 (Cth) ss 461(l)(k), 462(2)(b), 472, 482, 601AB, 601AH(1),(2)(a)(i),(2)(b),(3),(5) Evidence Act 1995 (Cth) s 91, 131(2)(f),(2)(i) Taxation Administration Act 1953 (Cth) s 355-155 Federal Court (Corporations) Rules 2000 (Cth) Limitation of Actions Act 1974 (Qld) s 11 Workers' Compensation Act 1990 (Qld) s 186