Feng v GMS Fulfilment Services Limited

The case of Feng v GMS Fulfilment Services Limited involved the plaintiff, Feng, bringing an application against the defendant, GMS Fulfilment Services Limited, in the Federal Circuit Court. The dispute centred on the defendant's name being struck off the register of foreign companies by the Australian Securities and Investments Commission (ASIC) on the basis that it was believed the company was no longer carrying on business in Australia. Feng sought an order to restore the defendant's name to the register as part of broader common law proceedings.

The court was tasked with determining whether Feng's ability to pursue common law proceedings against the defendant was contingent upon the restoration of the defendant's name to the register. Additionally, the court needed to decide whether the plaintiff could proceed with service on the defendant in place of incorporation and whether Feng's lack of grievance over the striking off justified considering the restoration. The court also needed to assess whether there were any reasons that restoration of the defendant's name would be considered just.

In its decision, the court held that Feng's capacity to pursue common law proceedings against the defendant was not dependent on or facilitated by the restoration of the defendant's name to the register. The court found that Feng could proceed by serving the defendant in place of incorporation. Furthermore, as Feng was not aggrieved by the striking off of the defendant's name, there was no basis for considering the restoration just. Consequently, the court dismissed Feng's application for the restoration of the defendant's name to the register.