In the matter of Hinesight Development Pty Ltd (deregistered)

The case of Hinesight Development Pty Ltd (deregistered) involved a dispute over the reinstatement of a deregistered company. The company sought an order to reinstate it, which would allow it to receive dividends from the bankrupt estate of a debtor. The company was previously subject to a court-ordered winding up before its deregistration. The Australian Securities and Investments Commission (ASIC) opposed the reinstatement. The case was heard in the Federal Court of Australia.

The legal issues in the case centred around whether it was appropriate for the court to make an order directing ASIC to reinstate the deregistered company. The court also needed to determine the status of the company once reinstated, particularly in light of the previous court-ordered winding up. Additionally, the court had to consider the status of the previous liquidator once the company was reinstated, particularly as the liquidator consented to be reappointed.

The court determined that it was appropriate to make an order directing ASIC to reinstate the deregistered company, as this would allow the company to receive dividends from the bankrupt estate. The court held that the company's status once reinstated would be the same as it was immediately before deregistration, except for the fact that it would be subject to the previous court-ordered winding up. The court also held that the previous liquidator would be reappointed as the liquidator of the company once it was reinstated.

The court ordered ASIC to reinstate Hinesight Development Pty Ltd as a company under the Corporations Act. The company was to be subject to the previous court-ordered winding up, and the previous liquidator was to be reappointed as the liquidator of the company. The company was to have the same status as it had immediately before deregistration, except for the fact that it was subject to the winding up.