Bailey v Australian Securities and Investments Commission [2018] NSWSC 1580

Supreme Court New South Wales

Medium Neutral Citation: Bailey v Australian Securities and Investments Commission [2018] NSWSC 1580 Hearing dates: 17 October 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: The Court orders, pursuant to Corporations Act 2001 (Cth), s 601AH(2), that ASIC to reinstate the registration of Evolution Software Services Pty Ltd ACN 102 355 153. Catchwords: CORPORATIONS – deregistration – application to reinstate company – where a former director of a deregistered company received Director Penalty Notice ("DFN") from the Australian Taxation Office ("ATO") for the company's failure to pay a superannuation guarantee charge – where reinstatement necessary to lodge form with ATO to off-set the amount owing under the DFN against payments made by former company – where neither ASIC nor ATO is opposed to the application Legislation Cited: Corporations Act 2001 (Cth), s 509, 601AH Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Guarantee Charge Act 1992 (Cth) Cases Cited: Re Stojic (2006) 63 ATR 11; [2006] NSWSC 608 Re Yield Service Pty Ltd [2014] NSWSC 764 Category: Principal judgment Parties: Yarogniew Karol Bailey (Plaintiff) Australian Securities and Investments Commission (Defendant) Representation: Counsel: AW Smith (Plaintiff)

Solicitors: Kennedys Law Firm (Plaintiff)

No appearance: Australian Securities and Investments Commission (Defendant) File Number(s): 2018/311920 Publication restriction: Nil