SUPREME COURT OF QUEENSLAND
CITATION:
Re Stanley William Gordon Moore
ex parte Devanjul Pty Ltd (ACN 1176440087) [2012] QSC 249
PARTIES:
STANLEY WILLIAM GORDON MOORE
Applicant
And
DEVANJUL PTY LTD
(ACN 1176440087)
Respondent
FILE NO/S:
5 of 2012
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court Bundaberg
DELIVERED ON:
7 September 2012
DELIVERED AT:
Supreme Court Rockhampton
HEARING DATE:
27 August 2012
JUDGE:
McMeekin J
ORDER:
The application is dismissed.
CATCHWORDS:
CORPORATIONS LAW – where application to reinstate the registration of a company pursuant to s601AH Corporations Act – whether the applicant is a person aggrieved by the deregistration – whether it is just that the company’s registration be reinstated
Hardoon v Belilios [1901] AC 118
Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360
Re BrockweirPty Ltd [2012] VSC 225
Ron Kingham Real Estate Pty Ltd v Edgar [1999] 2 Qd R 439
Corporations Act 2001 ss 109X, 201B, 601AH
Trust Act 1973 s 72
SOLICITORS:
Carswell & Co Solicitors for the applicant
V & D Berthelsen in person
McMeekin J: The applicant applies to reinstate the registration of Devanjul Pty Ltd (“Devanjul”) pursuant to s 601AH(2) of the Corporations Act 2001.
Section 601AH(2) provides:
“Re-instatement by court
The Court may make an order that ASIC reinstate the registration of a company if:
(a) an application for reinstatement is made to the Court by:
(i) a person aggrieved by the deregistration; … and
(b) the Court is satisfied that it is just that the company’s registration be reinstated.”
ASIC have been advised of the application, have communicated their requirements to the applicant and do not oppose the reinstatement.
Service of the Former Directors
The application first came on before me when sitting in Bundaberg on 17 August 2012. I adjourned the application to 27 August 2012. I was concerned that the applicant was not in a position to prove that all former directors of Devanjul had been served with the application and supporting affidavits. Two of the three former directors appeared on 17 August 2012. I was informed by Ms Berthelsen, one of the directors, that the former director who did not appear, David Edgar Wilson, was ill.
At the adjourned hearing the applicant relied upon the affidavits of Peter Francis Ponti and John Leslie Hyland to show that service on David Edgar Wilson had been effected. Mr Ponti deposed to having caused a letter to be forwarded to Mr David Edgar Wilson enclosing a copy of the subject application and supporting affidavit of Mr Moore on 13 August 2012. Mr Ponti does not depose to the address to which he forwarded the letter nor does he depose as to any fact which would enable a decision to be made as to whether Mr Wilson might receive a letter forwarded to that address. The copy of the letter attached to his affidavit refers to an address at 36 Kepnock Road, Bundaberg 4670. Presumably the letter was sent to that address.
My Hyland is the bailiff…
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- AGLC
- Re Stanley William Gordon Moore; [2012] QSC 249
- Case
- [2012] QSC 249
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant was a person aggrieved by the deregistration of the company and if so, whether it was just to reinstate the company’s registration. The court considered the statutory requirements of section 601AH of the Corporations Act, which provides that a person aggrieved by the deregistration of a company may apply to the court for an order reinstating the company's registration if the court is satisfied that it is just to do so. The court also examined the relevant circumstances and the criteria established in previous case law for determining whether it is just to reinstate a company’s registration.
In determining the application, the court considered the evidence and submissions presented by the parties. The court found that the applicant did not meet the criteria of being a person aggrieved by the deregistration as he did not have a sufficient interest in the company to qualify. Additionally, the court concluded that even if the applicant had been a person aggrieved, it was not just to reinstate the company’s registration due to the company’s history and conduct. The court dismissed the application on these grounds.
The court ordered that the application to reinstate the registration of the company be dismissed.
Orders
Orders of the court
The application is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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