In the matter of Kylie Mitchell Holdings Pty Ltd [2019] NSWSC 1638

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kylie Mitchell Holdings Pty Ltd [2019] NSWSC 1638 Hearing dates: 18 November 2019 Decision date: 18 November 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) that the Australian Securities and Investments Commission (ASIC), reinstate the registration of the deregistered company (Kylie Mitchell Holdings Pty Limited ACN 133 358 639). 2. Order pursuant to s 601AH(3)(c) of the Corporations Act 2001 (Cth), that the resolutions made by the deregistered company on 30 June 2017, 30 June 2018 and 28 June 2019, in its capacity as trustee of the Kylie Mitchell Family Trust concerning the distribution of trust income to beneficiaries, be validated. 3. Order that the costs for the application for reinstatement of the registration of the deregistered company be borne personally by the plaintiff. 4. Note the plaintiff's undertaking that the company will attend to lodgement of all outstanding documents and all outstanding fees and penalties for reinstatement to ASIC capped at $784. 5. Note that the plaintiff will lodge with ASIC a copy of this Court order. 6. Order that these orders be entered forthwith. Catchwords: CORPORATIONS – deregistration – application to reinstate company under Corporations Act (2001) Cth s 601AH(2) – whether plaintiff is a person aggrieved by deregistration of company – whether just to reinstate the registration of company. Legislation Cited: Corporations Act 2001 (Cth), ss 601AD, 601AE, 601AH Cases Cited: ACCC v ASIC [2000] NSWSC 316; (2000) 174 ALR 688 Arnold World Trading Pty Ltd v ACN 133 427 335 Pty Ltd [2010] NSWSC 1639; (2010) 80 ACSR 670 Callegher v ASIC [2007] FCA 482; (2007) ALR 749 In the matter of European Metal Recyclers Pty Ltd (in liq) (deregistered) [2018] NSWSC 946 Re European Metal Recyclers Pty Ltd (in Liq) (Deregistered) [2018] NSWSC 946 Re Newfront Pty Ltd (deregistered) [2008] SASC 127 Category: Principal judgment Parties: Kylie Jayne Mitchell (Plaintiff) Australian Securities & Investments Commission (Defendant) Representation: Counsel: HW Somerville (Plaintiff)