In the matter of Rocha Pty Limited (No 2)

In this case, the parties involved were Rocha Pty Limited, a defunct company, and the Registrar of Companies. The dispute centred around the company's dissolution and the Registrar's refusal to reinstate the company following its striking off. The matter was heard in the Federal Court of Australia. The central legal issue was whether the company had an accrued right to apply for reinstatement under the repealed Companies Act 1961, after the Registrar dismissed the application on the basis that jurisdiction under the Act was no longer available following its repeal in 2008.

The court was required to determine whether the right to apply for a favourable exercise of discretion under the repealed Act constituted an accrued right. In examining this issue, the court considered the definition of an accrued right and whether such a right survived the repeal of the Act. The court held that the right to apply for reinstatement under the repealed Act was not an accrued right, as it was a right to make an application for a favourable exercise of discretion, rather than a right to the outcome of the application. Consequently, the company's application to set aside the dismissal of its previous application for reinstatement was denied.

The Federal Court concluded that the company's right to apply for reinstatement under the Companies Act 1961 did not constitute an accrued right, as it was not a right to the outcome of the application, but rather a right to make an application for a favourable exercise of discretion. Therefore, the court upheld the Registrar's decision to dismiss the application for reinstatement, and no orders were made in favour of the company.