In the matter of European Metal Recyclers Pty Ltd (in liq) (deregistered) [2018] NSWSC 946

Supreme Court New South Wales

Medium Neutral Citation: In the matter of European Metal Recyclers Pty Ltd (in liq) (deregistered) [2018] NSWSC 946 Hearing dates: 18 June 2018 Decision date: 22 June 2018 Before: Gleeson JA Decision: (1) Pursuant to Corporations Act 2001 (Cth), s 601AH(2), ASIC reinstate the registration of the company, European Metal Recyclers Pty Ltd (in liq) (deregistered) (ACN 114 263 026).

(2) Pursuant to Corporations Act 2001 (Cth), s 601AH(3)(b) and (d), Peter Krejci of BRI Ferrier (NSW) Pty Ltd be appointed liquidator of the company.

(3) The plaintiff notify ASIC within 7 days of these orders.

(4) The proceedings be listed for directions before the Corporations Registrar on 9 July 2018 at 9am. Catchwords: CORPORATIONS – deregistration and reinstatement – application by shareholder for reinstatement of company and appointment of new liquidator – Corporations Act 2001 (Cth), s 601AH – where ASIC consented to company's reinstatement – where reinstatement sought to pursue potential claim against former director – whether shareholder is a "person aggrieved" by the deregistration – whether it is just that company's registration be reinstated – where former director opposed reinstatement – where potential limitation defence – whether defendant prejudiced by reinstatement – where company's former liquidator retired – appropriate to appoint new liquidator Legislation Cited: Corporations Act 2001 (Cth), ss 601AH, 1317H, 1317K Supreme Court (Corporations) Rules 1999 (NSW), r 2.13(3) Cases Cited: AMP General Insurance Ltd v Victorian WorkCover Authority [2006] VSCA 236 Blazai Pty Ltd v Gateway Development (St Marys) Pty Ltd [2009] NSWSC 800 Callagher v Australian Securities and Investments Commission (2007) 239 FLR 749 Dahozo Pty Ltd v Oz-Us Film Productions Pty Ltd (1997) 24 ACSR 739 Deputy Commissioner of Taxation v Australian Securities and Investments Commission; Re Civic Finance Pty Ltd (Deregistered) [2010] FCA 1411; (2010) 81 ATR 456 Deputy Commissioner of Taxation; Re James Hardie Australia Finance Pty Ltd (Deregistered) 170 FCR 545; [2008] FCA 1181 Gerace v Auzhair Supplies Pty Ltd (in liq) (2014) 87 NSWLR 435; [2014] NSWCA 181 Graham Lewis Herbert v Nozala Pty Ltd [2006] NSWSC 1437 Melluish v Underwood Development Pty Ltd [2004] NSWSC 429 Pilarinos v Australian Securities and Investments Commission [2006] VSC 301; (2006) 24 ACLR 775 Re ERB International Pty Ltd (deregistered) (2014) 283 FLR 223; [2014] NSWSC 200 Category: Principal judgment Parties: Sam Changizi (Plaintiff) Australian Securities and Investments Commission (First Defendant) Hussain Rizaie (Second Defendant) Representation: Counsel: