Fine China Capital Investment Limited v Qi (No 4) [2024] FCA 343

Federal Court of Australia

Fine China Capital Investment Limited v Qi (No 4) [2024] FCA 343 File number(s): VID 560 of 2023

Judgment of: O'CALLAGHAN J

Date of judgment: 8 April 2024

Catchwords: CORPORATIONS – practice and procedure – application by applicant for order reinstating company pursuant to section 601AH of the Corporations Act 2001 (Cth) and for leave to bring a derivative proceeding – whether applicant a "person aggrieved" within the meaning of s 601AH of the Corporations Act 2001 (Cth) – where applicant did not produce original document when respondent disputed its authenticity – application to reinstate dismissed because applicant did not prove on the balance of probabilities that it was a person aggrieved – application by respondent to dismiss all or some claims as an abuse of process – consideration of "reflective loss" principle – application dismissed – application by applicant that certain paragraphs of respondent's defence be struck out – respondent given leave to amend defence – application otherwise dismissed

Legislation: Corporations Act 2001 (Cth) ss 236, 237, 601AH, 601AH(2), 601AH(2)(a)(i), 601AH(3)

Cases cited: Callegher v Australian Securities and Investments Commission (2007) 218 FCR 81 Central Coast Council v Norcross Pictorial Calendars Pty Ltd (2021) 391 ALR 157; [2021] NSWCA 75 Fine China Capital Investment Limited v Qi (No 3) [2023] FCA 1405 Garner v Central Innovation Pty Ltd [2022] FCAFC 64 Haigh v Department of Planning NSW [2022] NSWSC 1434 Henry v Henry (1996) 185 CLR 571 Mercedes Holdings Pty Ltd v Waters (No 3) [2011] FCA 236 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427 South Johnstone Mill Ltd v Dennis (2007) 163 FCR 343 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507 Willams v Spautz (1992) 174 CLR 509