Immer v Girotto Precast Pty Ltd

Immer brought an action against Girotto Precast Pty Ltd, a deregistered company that had previously been in liquidation. The court was required to determine whether Immer's claim against the deregistered company could proceed, and if so, under what conditions. The primary legal issue was whether a company that had been deregistered could be reinstated to allow for the prosecution of a claim against it, and if so, what procedural steps were necessary to ensure the company's former liquidator and director were given an opportunity to present any relevant submissions.

The court held that a deregistered company could be reinstated under certain circumstances to allow for the prosecution of a claim against it. However, the court emphasised the need to appoint a liquidator to manage the company's affairs during the reinstatement process. Additionally, the court found that the former director and liquidator must be notified and given an opportunity to make any relevant submissions. The court ruled that the company could be reinstated, provided these procedural requirements were met. The case underscores the importance of following proper procedures when dealing with deregistered companies to ensure fairness and due process.

The court ordered that Girotto Precast Pty Ltd be reinstated for the purpose of the action, provided that a liquidator is appointed to manage the company's affairs and that the former director and liquidator are notified and given an opportunity to present any relevant submissions. The court's decision ensures that the legal process is followed to protect the rights of all parties involved in the claim against the deregistered company.