In the matter of SMAC Developments Pty Ltd [2021] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: In the matter of SMAC Developments Pty Ltd [2021] NSWSC 724 Hearing dates: 23 April 2021 and 24 May 2021, further submissions received on 2 June 2021 and 9 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders at [35]. Catchwords: CORPORATIONS – reinstatement – whether the company be immediately wound up upon reinstatement – where company owns real property of some value – orders sought pursuant to Corporations Act 2001 (Cth), s 601AH(3)(d) COSTS – where costs disproportionate to the outcome achieved – whether to reimburse costs out of the winding up under Corporations Act 2001 (Cth), s 466(2) – plaintiffs to bear their own costs Legislation Cited: Corporations Act 2001 (Cth), ss 461, 466, 601AD, 601AH Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 34 ACSR 232 In the matter of Garfox 86 Pty Limited [2019] NSWSC 442 Re Austral Bronze Pty Ltd; In the matter of John Darlington Pty Limited; In the matter of John Darlington Pty Limited (No. 2) [2020] NSWSC 1633 Re ERB International Pty Ltd (deregistered) (2014) 98 ACSR 124 Re Regional Planners Developments Co Pty Ltd (2015) 110 ACSR 457 Category: Principal judgment Parties: Mr John Alexander McLennan (First Plaintiff) Ms Susan Jayne McLennan (Second Plaintiff) Australian Securities and Investments Commission (Defendant) Representation: Counsel: Mr T Bateman (Plaintiffs) N/A (Defendant)