ACN 009 009 072 Pty Ltd (in Liquidation) v Australian Securities & Investments Commission

The plaintiff, ACN 009 009 072 Pty Ltd (in liquidation), seeks orders under the Corporations Act 2001 (Cth) for the reinstatement of Infra Tech Projects Pty Ltd (Infra Tech), the appointment of liquidators, and leave to proceed against Infra Tech, which is a company in liquidation. The plaintiff also seeks ancillary orders for the limitation period for its claim against Infra Tech to be suspended between the date Infra Tech was deregistered and until 28 days after it is reinstated. Pindan, the plaintiff, has a claim against Infra Tech arising out of a construction contract. Infra Tech was deregistered by the Australian Securities & Investments Commission (ASIC) in August 2018. The plaintiff's solicitors made an error in the proceedings and commenced them in the name of the liquidator and not the company. The application was dismissed by Archer J. The primary issue for the court was whether it was just to make orders for the reinstatement of Infra Tech and whether the limitation period for the plaintiff's claim should be suspended during the period of deregistration. The court found that the plaintiff was a person aggrieved by the deregistration of Infra Tech and that it would be just to order its reinstatement. The court also found that it would be appropriate to make an order that 24 months of the period of deregistration not be counted for the purposes of the Limitation Act. The effect of this would mean that any proceedings would be required to be commenced by the plaintiff by September 2022. Given the remainder of the court's findings, it was appropriate for leave to be granted to the plaintiff to pursue the proceedings against Infra Tech pursuant to s 471B of the Act.