NSW Caselaw
New South Wales Supreme Court
CITATION : Stephen Michael Beckton v Australian Securities and Investments Commission [2007] NSWSC 780
HEARING DATE(S) : 20/06/07
JUDGMENT DATE : 20 June 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 20 June 2007
DECISION : See paragraph 13 of judgment.
CATCHWORDS : CORPORATIONS – Reinstatement of deregistered company under s 601AH(2) of Corporations Act 2001 (Cth) – Company deregistered for failure to lodge annual returns with ASIC – Directors liable to Commissioner of Taxation for unpaid liabilities of company – Directors entitled to exemption from liability if company wound up within fourteen days of notification of liability – Reinstatement necessary to wind up company – ASIC and Commissioner not opposed to application – Order that company be reinstated – Leave granted to plaintiff to apply to Court for company to be wound up in insolvency – Order that company be wound up in insolvency. - (Cth) Corporations Act 2001, ss 459P(2)(c) and (3), 601AH - (Cth) Income Tax Assessment Act 1936, s 222AOE
Corporations Act 2001 (Cth) LEGISLATION CITED : Income Tax Assessment Act 1936 (Cth) Supreme Court (Corporations) Rules 1999 (NSW)
CASES CITED : Application of Rade Stojic (2006) 24 ACLC 844
Stephen Michael Beckton PARTIES : v Australian Securities and Investments Commission
FILE NUMBER(S) : SC 3247/07
COUNSEL : Plaintiff: I G A Archibald Defendant: ex parte
SOLICITORS : Plaintiff: Aubrey Brown Partners Defendant: ASIC
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