NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Spitfire Q Pty Ltd [2021] NSWSC 866 Hearing dates: 25 June 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with short minutes of order. Catchwords: CORPORATIONS — Reinstatement application pursuant to s 601AH — Whether company has standing as a "person aggrieved" by the deregistration of its wholly owned subsidiary — Whether "just" to reinstate the registration of the deregistered company. CORPORATIONS — Winding up — Grounds for winding up — Whether "just and equitable" — Where substratum of company has failed — Where holding company in liquidation. Legislation Cited: - Corporations Act 2001 (Cth), ss 461, 467A, 601AH, 1322 Cases Cited: - Melluish v Underwood Development Pty Ltd [2004] NSWSC 429 - Owners of Strata Plan No 91349 v Australian Securities and Investments Commission (ASIC) (2020) 147 ACSR 456; [2020] NSWSC 685 - Re Catombal Investments Pty Ltd [2012] NSWSC 775 - Re CNPR Ltd [2018] NSWSC 989 Category: Procedural rulings Parties: Katherine Elizabeth Barnet and Damien Mark Hodgkinson in their capacities as joint and several liquidators of Spitfire Corporation Ltd (in liq) (First and Second Plaintiffs) Spitfire Q Pty Ltd (First Defendant) Investar Research Pty Ltd (Second Defendant) Representation: Counsel: T Rogan (Plaintiff)
Solicitors: Mills Oakley (Plaintiff) File Number(s): 2021/126746
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