In the matter of McDonagh Management Pty Limited [2019] NSWSC 1099

Supreme Court New South Wales

Medium Neutral Citation: In the matter of McDonagh Management Pty Limited [2019] NSWSC 1099 Hearing dates: 21 August 2019 Decision date: 26 August 2019 Before: Rees J Decision: Orders for the reinstatement McDonagh Management Pty Limited ACN 166 719 839, consequent rectification of the ASIC register and ancillary orders: see [51] Catchwords: CORPORATIONS — Reinstatement — successive changes of office- and shareholding without authority — Company subsequently deregistered — Where proceedings in the Common Law Division carried on by company — Former owner of company "aggrieved" — "Just" that company be reinstated.

CORPORATIONS — Reinstatement — Ancillary orders under s 601AH(3) of the Corporations Act —use of corporate key by former accountant — Corporate key still retained by that person — Orders for ASIC to cancel and reissue corporate key.

CORPORATIONS — Registers — Rectification — Where documents lodged with ASIC do not reflect reality — Person recorded with ASIC as office- and shareholder in fact neither — Appropriate that documents lodged be withdrawn from register so as to record true position. Legislation Cited: Corporations Act 2001 (Cth), ss 601AD, 601AH, 1274, 1274A, 1322 Corporations Regulations 2001 (Cth), r 9.1.02 Crimes Act 1900 (NSW), s 193C Uniform Civil Procedure Rules 2005 (NSW), r 10.25 Cases Cited: Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 34 ACSR 232; [2000] NSWSC 316 Batmor Mortgages Pty Ltd v Arcuri [2017] NSWSC 84 In the matter of ACN 063 346 708 (formerly known as South Passage Pty Limited) [2018] NSWSC 1709 In the matter of Botanical Water Holdings Pty Limited [2013] VSC 96 In the matter of Centura Global Holdings Pty Limited (2016) 111 ACSR 185; [2016] NSWSC 62 In the matter of DJG Equities Pty Limited [2014] NSWSC 194 In the matter of European Metal Recyclers Pty Ltd (in liquidation) (deregistered) [2018] NSWSC 946 In the matter of MIG Property Services Pty Limited (No 2) (2012) 92 ACSR 234; [2012] VSC 606 In the matter of Seabay Kitchen Pty Ltd [2019] NSWSC 790 Kay v Playup Australia Pty Limited (2018) 131 ACSR 532; [2018] NSWSC 1579 Legal Profession Board of Tasmania v Hall (2015) 24 Tas R 110; [2015] TASSC 63 Melluish v Underwood Development Pty Ltd [2004] NSWSC 429 Category: Principal judgment Parties: Sharon McDonagh (Plaintiff) Australian Securities and Investments Commission (First Defendant) Steven Vickers (Second Defendant) Representation: Solicitor Ms J Pinkus (Plaintiff) No appearance (First and Second Defendants)