KAS v Das

This matter concerned an appeal to the High Court of Australia by KAS (the applicant) against a decision of the Full Federal Court. The dispute arose from an application made by Das (the respondent) under s 479 of the *Corporations Act 2001* (Cth) for an order winding up KAS. The primary issue was whether the Federal Court had jurisdiction to make such an order.

The High Court was required to determine whether the Federal Court possessed the necessary jurisdiction to entertain an application for the winding up of a company under s 479 of the *Corporations Act 2001* (Cth) when the company was incorporated in a State or Territory and the application was made in a State or Territory other than the one in which the company was registered.

McHugh and Hayne JJ held that the Federal Court did not have jurisdiction to make the winding-up order. Their Honours reasoned that s 479 of the *Corporations Act 2001* (Cth) confers jurisdiction on the Federal Court to wind up companies only in circumstances where the company is registered in a Territory or where the application is made in a Territory. They found that the *Corporations Act 2001* (Cth) does not grant the Federal Court jurisdiction to wind up companies incorporated in a State when the application is made in a State. The jurisdiction to wind up companies incorporated in a State rests with the Supreme Court of that State.

The appeal was dismissed.