Re Stanley William Gordon Moore

[2012] QSC 249

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

1. McMeekin J: The applicant applies to reinstate the registration of Devanjul Pty Ltd (“Devanjul”) pursuant to s 601AH(2) of the Corporations Act 2001.

1. 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.” 

1. 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

1. 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.  

1. 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.

1. My Hyland is the bailiff…