Perera v Australian Securities and Investments Commission, in the matter of Hodder Rook & Associates Pty Limited

Perera sought to have the winding up of Hodder Rook & Associates Pty Limited (HRA) terminated and its registration reinstated. The court dismissed both applications. The legal issues were whether Perera was a person aggrieved by the deregistration, whether it was just to reinstate HRA's registration, and whether it was appropriate to terminate the winding up. The court found Perera was a creditor of HRA and thus had standing, but he failed to discharge his onus to show that it was just to terminate the winding up and reinstate the registration. The evidence did not show how HRA came to be wound up, the extent of its creditors, how those debts would be discharged, or how it would operate in the future. Most critically, there was no evidence that HRA was solvent or would be solvent. The court dismissed the application and made an order to that effect. No party appeared on the application, so the question of costs did not arise.