Commonwealth Bank of Australia v Susan Hannaford Pty Ltd [2013] NSWSC 342

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Susan Hannaford Pty Ltd [2013] NSWSC 342 Hearing dates: 12 April 2013 Decision date: 12 April 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Order that the Australian Securities & Investments Commission reinstate the registration of the First Defendant pursuant to s 601AH(2) of the Corporations Act 2001 (Cth). 2. Immediately upon reinstatement, the First Defendant be wound up pursuant to s 461(1)(k) of the Corporations Act and that Katherine Elizabeth Barnet and Hugh Armenis be appointed as liquidators. Catchwords: CORPORATIONS - deregistration - reinstatement - former director fails to give appropriate undertakings - winding-up on reinstatement - just and equitable ground. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: ACN 078 272 867 Pty Limited (In Liquidation) v The Deputy Commissioner of Taxation [2011] HCA 46; (2011) 86 ALJR 4 Loch v John Blackwood Limited [1924] AC 783 Stapp v Surge Holdings Pty Limited [1999] FCA 545 Category: Interlocutory applications Parties: Commonwealth Bank of Australia (Plaintiff) Susan Hannaford Pty Ltd (First Defendant) Marquessa Hannaford (Second Defendant) Susan Louise Hannaford (Third Defendant) Representation: Counsel: M Collins (Plaintiffs) Z Mandoh (Defendants) Solicitors: Gadens Lawyers (Plaintiffs) Mandoh & Associates (Defendants) File Number(s): 2010/4800