In the matter of Hinesight Development Pty Ltd (deregistered) [2017] NSWSC 448

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hinesight Development Pty Ltd (deregistered) [2017] NSWSC 448 Hearing dates: 10 April 2017 Date of orders: 10 April 2017 Decision date: 10 April 2017 Before: Gleeson JA Decision: (1) Pursuant to s 601AH(2) of the Corporations Act 2001 (Cth), the defendant reinstate the registration of Hinesight Development Pty Limited (deregistered) (ACN 110 850 747 (the company).

(2) Pursuant to s 601AH(3)(d) of the Corporations Act, that upon reinstatement of the registration of the company the plaintiff, Christopher Mel Chamberlain, be appointed liquidator of the company.

(3) Order pursuant to s 601AH(3)(d) of the Corporations Act, that the costs of and incidental to this application be costs of the winding up of the company.

(4) The plaintiff notify the defendant of these orders within 48 hours.

(5) The defendant have liberty to apply within 14 days to set aside these orders, if so advised.

(6) Direct that the plaintiff file an affidavit annexing a copy of any response by the defendant to this application.

(7) Direct that these orders be entered forthwith. Catchwords: CORPORATIONS – external administration – reinstatement of a deregistered company – whether appropriate to make order directing ASIC to reinstate the deregistered company – where reinstatement required for company to receive dividends from the bankrupt estate of a debtor – status of company once reinstated – where company was subject to court ordered winding up immediately prior to deregistration – status of previous liquidator once company is reinstated – where previous liquidator consents to be reappointed. Legislation Cited: Corporations Act 2001 (Cth), s 601AH Cases Cited: Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 34 ACSR 232; [2000] NSWSC 316 Australian Competition and Consumer Commission v Australian Securities and Investments Commission; Re Richmate Pty Limited (in liq) (deregistered); Stone v ACN 000 337 940 Pty Ltd [2008] NSWSC 1058 In the matter of ERB International Pty Ltd (deregistered) (2014) 98 ACSR 124; [2014] NSWSC 200 JP Morgan Portfolio Services Ltd v Deloitte Touche Tohmatsu (2008) 65 ACSR 636; [2008] FCA 433 Re Richmate Pty Ltd (in liq) (deregistered) [2015] NSWSC 2009 Category: Principal judgment Parties: Australian Securities and Investments Commission (Plaintiff) Hinesight Development Pty Ltd (deregistered) (Defendant) Representation: Counsel: