Federal Court of Australia
Federal Court of Australia
Minos v S.J. Timilty Building Pty Limited (Deregistered) [2024] FCA 512 File number(s): NSD 552 of 2024
Judgment of: HALLEY J
Date of judgment: 13 May 2024
Catchwords: CORPORATIONS – application for reinstatement of a deregistered company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) (Act) – application for orders that the company be wound up pursuant to s 461(1)(k) of the Act and liquidator to be appointed – whether plaintiffs are a "person aggrieved" within the meaning of the Act – where plaintiffs may have claims against the company under the Home Building Act 1989 (NSW) – whether the reinstatement of the company would be just – whether winding up of company would be just and equitable – application granted – orders made
Legislation: Corporations Act 2001 (Cth) ss 461, 601AA, 601AH Home Building Act 1989 (NSW) ss 3B, 18B, 18C, 18E
Cases cited: Ligon 158 Pty Limited (in liq) v Shield Holdings Australia Pty Limited (de-registered) [2024] FCA 144 Owners of Strata Plan No 91349 v Australian Securities and Investments Commission (2020) 147 ACSR 456; [2020] NSWSC 685 Yeo v Australian Securities Investments Commission, in the matter of Ji Woo International Education Centre Pty Ltd (deregistered) [2017] FCA 1480
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 28
Date of hearing: 13 May 2024
Counsel for the Plaintiffs: Mr P Horobin
Solicitor for the Plaintiffs: Chambers Russell Lawyers
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