In the matter of Gervay Holdings Pty Ltd (a deregistered company) and Gervay Private Hotel Pty Ltd (a deregistered company) [2018] NSWSC 1487

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gervay Holdings Pty Ltd (a deregistered company) and Gervay Private Hotel Pty Ltd (a deregistered company) [2018] NSWSC 1487 Hearing dates: 13 August 2018 Decision date: 13 August 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order made under s 601AH(2) of the Corporations Act 2001 (Cth) that the Australian Securities and Investments Commission reinstate the registration of Gervay Holdings Pty Limited and Gervay Private Hotel Pty Limited. Orders made restoring Mr Hutchins as liquidator of the companies, and validating any steps taken by the former liquidators as if the deregistration had never occurred. Catchwords: CORPORATIONS – application for ASIC to reinstate registration of companies under s 601AH(2) of the Corporations Act 2001 (Cth) – where intent of reinstatement is to bring about stamp duty position which would have existed had transactions been implemented as originally intended – whether it is just that the companies' registration be reinstated. Legislation Cited: - Corporations Act 2001 (Cth) s 601AH - Trustee Act 1925 (NSW) Cases Cited: - Australian Competition and Consumer Commission v Australian Securities and Investments Commission [2000] NSWSC 316 Category: Principal judgment Parties: Susanne Julia Gervay (Plaintiff) Gervay Holdings Pty Ltd (First Defendant) Gervay Private Hotel Pty Ltd (Second Defendant) Mark Raymond Hutchins (Third Defendant) Australian Securities & Investments Commission (Fourth Defendant) Representation: Counsel: M Klooster (Plaintiff) L O'Keeffe (Solicitor – Third Defendant)