The Owners of Strata Plan No 91349 v Australian Securities and Investments Commission [2020] NSWSC 685

Supreme Court New South Wales

Medium Neutral Citation: The Owners of Strata Plan No 91349 v Australian Securities and Investments Commission [2020] NSWSC 685 Hearing dates: 13 November 2019, 5 December 2019, 17 February 2020 Date of orders: 03 June 2020 Decision date: 03 June 2020 Jurisdiction: Equity Before: Bell P Decision: 1. Order, pursuant to s 601AH(2) of the Corporations Act 2001 (Cth), that the Australian Securities and Investments Commission reinstate the registration of Beaconsfield Street Pty Ltd.

2. Order that Mr Mark Roufeil be appointed as liquidator of Beaconsfield Street Pty Ltd (in liquidation). Catchwords: CORPORATIONS – application for reinstatement of company – company formerly involved in development of home units – wound up and deregistered soon after completion of development – proceeds of sale of apartments transferred prior to winding up to another company – alleged defects in construction – purpose of reinstatement to join company as a defendant in existing Technology and Construction List proceedings – principles relating to reinstatement of a corporation discussed. Legislation Cited: Corporations Act 2001 (Cth) ss 588FF(3), 601AH Home Building Act 1989 (NSW) ss 18C, 18D Strata Schemes Management Act 2015 (NSW) s 8 Cases Cited: Arnold World Trading Pty Ltd v ACN 133 427 335 Pty Limited [2010] NSWSC 1369; (2010) 80 ACSR 670 Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 174 ALR 688; [2000] NSWSC 316 Bell Group Limited (ACN 008 666 993) (in liq) v Australian Securities and Investments Commission (2018) 358 ALR 624; [2018] FCA 884 Blazai Pty Ltd v Gateway Developments (St Marys) Pty Ltd [2009] NSWSC 800 Boys, in the matter of 38 Akuna Pty Ltd (Deregistered) v Australian Securities and Investments Commission [2019] FCA 320 Callagher v Australian Securities and Investments Commission (2007) 218 FCR 81; [2007] FCA 482 Ealing Corporation v Jones [1959] 1 QB 384 Ex parte Sidebotham; Re Sidebotham (1880) 14 Ch D 458 Fiorentino v Australian Securities and Investment Commission (2014) 283 FLR 223; [2014] NSWSC 200 GIS Electrical Pty Ltd v Melsom (2002) 172 FLR 218; [2002] WASCA 302 In the matter of European Metal Recyclers Pty Ltd (in liq) (deregistered) [2018] NSWSC 946 Northbourne Developments Pty Ltd v Reiby Chambers Pty Ltd (1989) 19 NSWLR 434; (1989) 1 ACSR 79 Promnitz v Australian Securities and Investments Commission [2004] FCA 22; (2004) 22 ACLC 108 Re Brockweir Pty Ltd [2012] VSC 225 Re Centro Properties Ltd [2011] NSWSC 1171; (2011) 87 ACSR 131 Re GA and RJ Elliot Pty Ltd; Ex parte Mitcham (1978) 3 ACLR 523 The Owners-Strata Plan 91349 v Hallmark Construction Pty Ltd [2019] NSWSC 591 Category: Principal judgment Parties: The Owners of Strata Plan No 91349 (Plaintiff) Australian Securities and Investments Commission (First Defendant) Anthony Bruce Crane (Second Defendant) Representation: Counsel: S Golledge SC with P A Horobin (Plaintiff) No appearance (First Defendant) M Ashhurst SC with M T Keene (Second Defendant)