In the matter of Gia Firenze Investments Pty Limited [2013] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gia Firenze Investments Pty Limited [2013] NSWSC 99 Hearing dates: 11 February 2013 Decision date: 20 February 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order for reinstatement of registration. Plaintiff to pay costs of ASIC and costs of specified non-parties. Catchwords: CORPORATIONS - Reinstatement - Application for an order for reinstatement under Corporations Act 2001 (Cth) s 601AH - Whether application for orders is made by a person aggrieved by the deregistration - Whether it is just to reinstate the registration of the company. COSTS - Application for reinstatement - Whether Court is entitled to impose conditions on reinstatement order - Whether unusual and special circumstances exist that warrant an order for costs in favour of non-parties to proceedings. Legislation Cited: - Corporations Act 2001 (Cth) ss 601AH, 601AH(2), 601AH(3) Supreme Court (Corporations) Rules 1999 (NSW) rr 2.13, 2.13(1), 2.13(1)(c) Cases Cited: - Arnold World Trading Pty Ltd v ACN 133 427 335 Pty Ltd [2010] NSWSC 1369; (2010) 80 ACSR 670 - Chand v Azurra Pty Ltd (in liq) [2011] NSWCA 58; (2011) 82 ACSR 383 - Re HIH Casualty and General Insurance Ltd [2006] NSWSC 6 - Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129; (2004) ACSR 681 Category: Interlocutory applications Parties: Gail Florence Hughes (Plaintiff) Gia Firenze Investments Pty Limited as trustee for the Gia Firenze Trust and as trustee for the GFH Superannuation Fund (First Defendant) Australian Securities & Investments Commission (Second Defendant) Representation: Counsel: A.W. Smith (Plaintiff) R. Monteith (sol) (Mark Bryen and Bryen Services C. Shankar (sol) (Ord Minnett) Solicitors: Townsends Business & Corporate Lawyers (Plaintiff) Harris Friedman (Mark Bryen and Bryen Services) Gilchrist Connell (Ord Minnett Limited) File Number(s): 2012/395523