El-Rihani v Sbeiti [2024] NSWSC 597

Supreme Court New South Wales

Medium Neutral Citation: El-Rihani v Sbeiti [2024] NSWSC 597 Hearing dates: 14 May 2024 Date of orders: 14 May 2024 Decision date: 17 May 2024 Jurisdiction: Equity - Duty List Before: Stevenson J Decision: Fifth defendant is to reinstate the registration of the third and fourth defendant companies; commencement of these court proceedings against the third and fourth defendant companies is validated as having been commenced as at 10 May 2024 Catchwords: CORPORATIONS – dissolution – reinstatement – where application for reinstatement under s 601AH(2) of the Corporations Act 2001 (Cth) – where the third and fourth defendant companies transferred properties to the first defendant – where the second defendant was sole shareholder of the third and fourth defendant companies – where plaintiff contends that the transfer of the two properties made with intention to defraud the plaintiff creditor – whether the plaintiff is a 'person aggrieved' by the deregistration of the companies – whether the justice of the case requires reinstatement Legislation Cited: Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Federal Court of Australia Act 1977 (Cth) Cases Cited: AMP General Insurance Ltd v Victorian WorkCover Authority [2006] VSCA 236 Arnold World Trading Pty Ltd v ACN 133 427 335 Pty Ltd [2010] NSWSC 1369 Deputy Commissioner of Taxation v Australian Securities and Investments Commission; Re Civic Finance Pty Ltd (deregistered) [2010] FCA 1411 In the matter of ERB International Pty Ltd (deregistered) [2014] NSWSC 200 Federal Commissioner of Taxation v Iannuzzi (No 3) [2024] FCA 45 In the matter of Human Group Pty Ltd; In the matter of A.C.N. 137 384 662 Pty Ltd [2023] NSWSC 28 Mitzev v Foxman [2007] NSWCA 273 Pilarinos v Australian Securities and Investments Commission [2006] VSC 301 In the matter of LCW Property Holdings Limited (deregistered) [2020] NSWSC 71 In the matter of Likehart Pty Ltd (deregistered) [2017] NSWSC 884 Yi Li v Australian Securities and Investments Commission [2024] NSWSC 514 Category: Procedural rulings Parties: Hussein El-Rihani (Plaintiff) Amne Sbeiti (First Defendant) Billal Hotait (Second Defendant) (in person) Bill.H Pty Limited (Third Defendant) 25 Jersey Road Matraville Pty Limited (Fourth Defendant) Australian Securities & Investments Commission (Fifth Defendant) Representation: Counsel: M Harker (Plaintiff)