Campbell-Wilson v Australian Securities and Investments Commission

The plaintiffs sought an order requiring the Australian Securities and Investments Commission to deregister a company on a specified date. The company was in liquidation and the plaintiffs were liquidators. The defendant opposed the application, arguing that the court should not exercise its discretion to make the order. The court was required to decide whether to exercise its discretion to make the order, and what considerations were relevant to the exercise of that discretion.

The court considered the relevant statutory provisions and case law, and concluded that the discretion should be exercised in favour of making the order. The court held that the primary consideration was the interests of creditors and members of the company, and that the application would promote those interests by ensuring that the company was deregistered on a specific date. The court also considered the practical implications of the order, and concluded that it would not cause any undue hardship or injustice. The court held that the application should be allowed.

The court made an order that the deregistration of the company was to occur on 13 April 2018. The plaintiffs and the defendant were granted liberty to apply to relist the matter on three days' written notice to one another. The costs of the application were the plaintiffs' costs in the winding up of the company. The plaintiffs were required to notify the defendant of these orders by a specified time.