Tom Michael Oates v Consolidated Capital Services Pty Ltd & 1 Or [2007] NSWSC 680

New South Wales Supreme Court

CITATION : Tom Michael Oates v Consolidated Capital Services Pty Ltd & 1 Or [2007] NSWSC 680

HEARING DATE(S) : 13/06/07 & further submissions on 20/06/07

JUDGMENT DATE : 29 June 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

DECISION : See paragraph 40 of judgment.

CATCHWORDS : CORPORATIONS - Reinstatement of deregistered company under s 601AH(2) of Corporations Act 2001 (Cth) - Proper parties to application - Whether upon reinstatement company will have a member, where its shares owned by a second deregistered company incorporated in Ireland - Where second deregistered company's assets vested in State of Ireland, State of Ireland will be member of first company upon its reinstatement - Whether plaintiff a person aggrieved by deregistration of first company - Where plaintiff a beneficial shareholder in Irish company and there is a serious question to be tried that plaintiff may be given leave to bring proceedings on behalf of deregistered company if it is reinstated to recover compensation, damages or assets - Held that plaintiff is a person aggrieved by deregistration and it is just that company's registration be reinstated - Order that defendant company be reinstated. - CORPORATIONS - Service - Whether service at registered office of deregistered company effective - Effect of reinstatement - Company not taken to have continued to have a registered office - Held that purported service at registered office of deregistered company ineffective. - CORPORATIONS - Membership, rights and remedies - Proceedings on behalf of company by member - Statutory derivative action - Held that question of whether such action may be brought by company to be reinstated does not arise on present application. - (Cth) Corporations Act 2001, ss 114, 236, 237, 601AH(2), (3) and (5).