In the matter of Greenzan Pty Ltd (in liq) (de-registered) [2017] NSWSC 489

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Greenzan Pty Ltd (in liq) (de-registered) [2017] NSWSC 489 Hearing dates: 24 April 2017 Date of orders: 24 April 2017 Decision date: 24 April 2017 Before: Gleeson JA Decision: (1) Grant leave to the plaintiff to file in court amended originating process joining Australian Securities and Investments Commission as the defendant. (2) Pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) the defendant reinstate the registration of Greenzan Pty Limited (in liq) ACN 060591666 (deregistered) (the company). (3) Pursuant to s 601AH(3) of the Corporations Act, that upon reinstatement of the registration of the company David Raj Vasudevan be appointed liquidator of the company. (4) That the costs of and incidental to this application be costs of the winding up of the company. (5) The plaintiff notify the defendant of these orders within 48 hours. (6) Stand over the balance of the amended originating process to 15 May 2017. (7) Direct that these orders be entered forthwith. Catchwords: CORPORATIONS – external administration – application to reinstate registration of a company – company in members voluntary winding up at time of its deregistration – accidental omission to transfer property prior to winding up – deregistered company remaining as legal owner of property that was intended to have been transferred to another company prior to the company's winding up – only purpose for reinstatement is to transfer property to its intended owner – ultimate owner of the deregistered company consents to the reinstatement of the company and transfer of the property to its intended owner – former liquidator consents to his reappointment. Legislation Cited: Corporations Act 2001 (Cth), ss 411, 601AH, 601AH(2), 601AH(5) Cases Cited: Australian Competition and Consumer Commission v Australian Securities and Investment Commission (2000) 34 ACSR 232; [2000] NSWSC 316 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 Limited (in liq) (deregistered) [2015] NSWSC 2009 Stone v ACN 000 337 940 Pty Ltd [2008] NSWSC 1058 Category: Principal judgment Parties: David Raj Vasudevan (Plaintiff) Greenzan Pty Limited (in liq)(deregistered) (Defendant) Representation: Counsel: P Silver (Plaintiff)