In the matter of Likehart Pty Limited (deregistered) [2017] NSWSC 884

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Likehart Pty Limited (deregistered) [2017] NSWSC 884 Hearing dates: 9 May 2017 Decision date: 09 May 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Dismiss the Plaintiffs' Originating Process seeking reinstatement of the Second Defendant and stay the dismissal of the Originating Process until 4pm, 4 July 2017. Catchwords: CORPORATIONS — Dissolution — Reinstatement — Application to reinstate company under Corporations Act 2001 (Cth) s 601AH(2) – where Plaintiffs intend to bring a derivative action on behalf of the deregistered company – where leave to bring an improperly formulated derivative action unlikely to be granted – where company apparently insolvent with no consent to appointment of liquidator obtained. Legislation Cited: - Corporations Act 2001 (Cth) ss 79, 180, 182, 191, 237, 601AH Cases Cited: - Australian Competition and Consumer Commission v Australian Securities and Investments Commission [2000] NSWSC 316; (2000) 174 ALR 688 - Blazai Pty Ltd v Gateway Development (St Marys) Pty Ltd [2009] NSWSC 800 - Casali v Crisp [2001] NSWSC 860; (2001) 165 FLR 79 - WorkCover Authority (NSW) v Picton Truck and Trailer Repairs Pty Ltd [2004] NSWCA 371; (2004) 51 ACSR 102 Category: Principal judgment Parties: Braco Anthony Galic (First Plaintiff) Joseph Samia (Second Plaintiff) Gavin Napier (First Defendant) Likehart Pty Ltd (Deregistered) (Second Defendant) Representation: Counsel: T Barber (Solicitor - Plaintiffs) N Allan (First Defendant)